Prosecutorial misconduct amounted to fundamental error.
Appeals
Russell v. State, No. 84A01-1312-CR-532, __ N.E.3d __ (Ind. Ct. App., June 5, 2014).
When plea agreement mistakenly assumed that the crimes were part of a single episode and were thus subject to the statutory cap on consecutive sentences, the sentence imposed under the agreement was contrary to law and was reversed by the Court of Appeals sua sponte.
In re V.A., No. 39A01-1307-JP-304, __ N.E.3d __ (Ind. Ct. App., May 30, 2014).
Despite the T.R. 76(B) request for change of judge, matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence.
Nicklas v. Von Tobel Corp., No. 64A03-1310-CC-429, __ N.E.3d __ (Ind. Ct. App., June 4, 2014).
“[A]n agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract.”
Robertson v. State, No. 49A05-1310-CR-487, __ N.E.3d __ (Ind. Ct. App., May 28, 2014).
Defendant established a prima facie case for a Batson challenge when the State used its peremptory challenge to strike the only African-American member of the venire.