Because the jury’s only role under the current habitual-offender statute is to determine whether the defendant has the requisite prior convictions, the defendant is not entitled to testify about the circumstances surrounding his prior convictions.
Appeals
Rambo v. Rambo, No. 21A-DC-2472, __ N.E.3d __ (Ind. Ct. App., April 25, 2022).
A court cannot enter a provisional order in a dissolution of marriage for the sale of marital property.
State v. Fox, No. 21A-CR-2445, __ N.E.3d __ (Ind. Ct. App., April 6, 2022).
A home detention contract with broad language stating that a defendant waives “rights under the Fourth Amendment of the United States Constitution, as well as Article 1, Section 11 of the Indiana Constitution, regarding search and seizure of your person or effects” unambiguously informs a defendant that he is waiving his right against search and seizure absent any degree of suspicion.
Bunch v. State, No. 21A-CR-2278, __ N.E.3d __ (Ind. Ct. App., April 6, 2022).
The process for having a federal right to possess firearms restored following a conviction of a crime of domestic violence is tied to the state procedure for having said right restore; that procedure in Indiana is conducted pursuant to Ind. Code § 35-47-4-7.
Tippecanoe School Corp. v. Reynolds, No. 21A-CT-1482, __ N.E.3d __ (Ind. Ct. App., April 7, 2022).
Negligent supervision in sports is not a separate cause of action; an analysis of a coach’s individual actions related to supervising her athletes and the choices made are subsumed by a review of whether that coach was intentional or reckless in her conduct.