A trial court’s failure to ensure that a probationer who admits to a probation violation has received the advisements as required under Ind. Code § 35-38-2-3(e) constitutes a fundamental violation of the probationer’s due process rights.
Appeals
William F. Braun Milk Hauling, Inc. v. Malanowski, No. 22A-CT-333, __ N.E.3d __ (Ind. Ct. App., July 27, 2022).
Complaint was timely filed because the statute of limitations was tolled in 2020 by the Supreme Court’s orders regarding Covid-19.
Gates v. State, No. 22A-CR-247, __ N.E.3d __ (Ind. Ct. App., July 29, 2022).
The intimidation statute is not unconstitutionally vague.
A.W. v. State, No. 22A-JV-150, __ N.E.3d __ (Ind. Ct. App., July 29, 2022).
The Indiana Supreme Court reiterated in Wadle, that an offense is factually included when the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense. Here, juvenile’s adjudications for possession of a machine gun and dangerous possession of a firearm were factually included and thus, entry of judgment on both counts was a violation of double jeopardy.
Erie Ins. Exchange v. Craighead, No. 21A-CT-2871, __ N.E.3d __ (Ind. Ct. App., July 12, 2022).
Medical payments coverage does not reduce an uninsured/underinsured motorist (“UIM”) coverage obligation.