A defendant cannot avail himself the rulings in another case involving another party in his own criminal case. There must be an identity of parties or their privies and mutuality of estoppel for another ruling to have preclusive effect in a criminal case.
Appeals
State v. $2,435 in U.S Currency, No. 22A-CR-00578, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2022).
It is well-settled that the State’s civil forfeiture complaints are outside of Article 1, Section 20, and are equitable claims to be tried by the court.
J.L. v. M.M., No. 22A-PO-512, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2022).
The protection order statutes should not be used as a de facto method to modify custody and/or parenting time. However, the protection order statutes offer expedited and ex parte proceedings to provide a “stop gap” to stabilize the situation until the trial court can determine the best interests of the child in a modification proceeding.
Haslam v. State, No. 22A-CR-00911, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2022).
Credit time earned while confined on home detention as a condition of probation reduces the length of home detention, not the length of the probation.
Newcomb, Jr. v. State, No. 22A-PC-318, __ N.E.3d __ (Ind. Ct. App., Aug. 24, 2022).
A miscarriage of justice, including when a person is convicted of an offense they did not commit, can be corrected within the confines of post-conviction relief.