Indiana Code § 35-50-2-7(b) did not authorize the trial court to grant Defendant’s request – nine years after the trial court’s entry of judgment – to reduce his Class D felony conviction to a Class A misdemeanor.
Appeals
Wilson v. State, No. 49A02-1001-CR-60, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2010)
(1) Because State’s request to amend the charging information the day before trial was made under the amended version of Ind. Code § 35-34-1-5, Defendant’s failure to request a continuance to prepare his defense resulted in a waiver of the issue for appellate review; (2) although trial court should have redacted unrelated character evidence from Defendant’s BMV record, Defendant failed to prove that the admission of the evidence made a fair trial impossible.
D.H. v. State, No. 49A05-1002-JV-92, ___ N.E.2d ___ (Ind. Ct. App., Aug. 11, 2010)
Student who threw a punch at another student but instead hit his teacher committed the equivalent of battery against his teacher under the doctrine of transferred intent.
Droscha v. Shepherd, No. 52A02-1001-PL-26, __ N.E.2d __ (Ind. Ct. App., Aug. 3, 2010)
Indiana extends judicial and/or quasi-judicial immunity to arbitrators and their sponsors.
Indiana Bureau of Motor Vehicles v. McNeil, No. 02A03-1001-MI-90, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Trial court erred when it interpreted Ind. Code § 34-11-2-4(3) to impose a statute of limitations on the BMV’s ability to impose an administrative suspension.