Successive confinement of the victim in different places in her home during a burglary/robbery was a single episode of confinement, so that Indiana Double Jeopardy prohibited separate confinement convictions for the confinements in different rooms.
Appeals
Booher v. Sheeram, LLC d/b/a Hampton Inn of Elkhart, No. 20A03-1005-CT-338, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
Counsel must file a formal request for an extension of time to respond to a motion for summary judgment, even if opposing counsel has informally agreed to an extension.
Holmes v. Celadon Trucking Servs. of Ind., Inc., No. 49A02-1007-PL-714, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
An action commences when the initiating party files the original and necessary copies of the complaint, the prescribed filing fee, and the original and necessary copies of the summons. Delayed filing of an appearance has no impact on the commencement of the action for statute of limitations purposes.
Small v. Rogers, No. 29A02-1001-PL-30, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)
Co-guarantor who paid some of guaranteed debt was not entitled to contribution from the other guarantor, when the debt had not been reduced to judgment and the amount paid was less than the co-guarantor’s proportionate share of the total guaranteed.
State v. J.S., No. 49A02-1004-JV-567, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)
Juvenile court did not err in dismissing delinquency petition after finding the juvenile defendant incompetent to stand trial.