When nunc pro tunc order reinstating OWI conviction after its “inadvertent[] dismissal” by State was entered after defendant had committed his second OWI offense, the reinstated conviction could not serve as a basis for enhancing the second to a D felony.
Appeals
State v. Owens, No. 49A02-1210-CR-817, __ N.E.2d __ (Ind. Ct. App., Aug. 15, 2013).
When the police had illegally detained the suspect and discovery of the cocaine on his person became inevitable due to the illegal stop, suppression of the cocaine was required even though its actual discovery occurred when the suspect fled and was reapprehended.
Littke v. Littke, No. 64A03-1211-DR-509, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2013).
Under the 2013 amendment to Ind. Code § 31-16-6-6, retroactive to July 1, 2012, a petition for postsecondary educational expenses for a nineteen-year-old child was timely.
Hortenberry v. Palmer, No. 10A04-1301-CT-17, __ N.E.2d __ (Ind. Ct. App., Aug. 15, 2013).
Trial Rule 3 is a “bright-line rule”; paying the filing fee is required for the commencement of an action.
Hale v. State, No. 25A04-1301-CR-15, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.