Summary judgment procedure applies to forfeiture actions.
Appeals
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Bigger v. State, No. 02A03-1308-CR-315, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
While no statutes or case law appear to require formal pleading of the defense of abandonment, “[w]e deem necessary the assertion of the defense in some manner.”
Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)
Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.
Corbally v. State, No. 41A04-1304-CR-175, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2014).
Testimony by police investigator of victim’s statement to investigator was inadmissible hearsay, and while defendant withdrew his hearsay objection he did not waive the objection under the circumstances