A habitual offender adjudication must be based on proof that a defendant has accumulated two prior unrelated felony convictions, meaning that the commission, conviction, and sentencing on the first felony preceded the commission, conviction, and sentence on the second felony. A post-conviction petitioner who challenges his habitual offender determination must demonstrate that he was not a habitual offender under the habitual offender statute and that his various convictions did not in fact occur in the required order.
Appeals
Cooley v. Cooley, No. 22A-DN-1202, __ N.E.3d __ (Ind. Ct. App., April 14, 2023).
In a dissolution of marriage, the trial court had the discretion to order husband to secure a life insurance policy as security for his equalization payment for division of his pension.
Fields v. Gaw, No. 22A-CT-2687, __ N.E.3d __ (Ind. Ct. App., April 14, 2023).
Landlord was not an “owner” of her tenants’ dogs for purposes of establishing liability under Indiana’s Liability for Dog Bites Statute
Baker v. State, No. 22A-CR-998, __ N.E.3d __ (Ind. Ct. App., April 10, 2023).
The Indiana Seatbelt Enforcement Act does not permit investigatory behavior based solely on a seat belt violation unless circumstances arise after the stop that independently provide the officer with reasonable suspicion of other crimes.
Owens v. State, No. 21A-CR-1900, __ N.E.3d __ (Ind. Ct. App., March 28, 2023).
The criminal code demonstrates our legislature’s intent that a habitual offender amendment be filed no less than 30 days before the beginning of trial as opposed to a particular trial setting.