Fact that maximum potential sentence of 88 years included 30 years for an invalid habitual offender allegation, which defense counsel failed to observe, did not entitle defendant to relief from his bargained sentence of 28 years, as defendant failed to show that a reasonable defendant would have refused to plead guilty had he known the correct maximum was 58 years.
Appeals
Reeves v. State, No. 77A04-1005-CR-292, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)
Use of the crime concealment exception to the statute of limitations requires the State to allege in its charge facts which would establish concealment.
Bunch v. State, No. 49A04-1002-CR-120, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)
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.
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.