A trial court does not have the authority to resentence a defendant who has served his sentence and been released from the DOC.
Appeals
Lake Co. Bd. Of Commissioners v. State, No. 20A-MI-1527, __ N.E.3d __ (Ind. Ct. App., April 30, 2021).
County is responsible for paying the costs of its probation officers’ legal defense that are incurred in the performance of the officers’ duties.
Logansport/Cass Co. Airport Authority v. Kochenower, No. 20A-PL-2143, __ N.E.3d __ (Ind. Ct. App., May 3, 2021).
To successfully allege a meritorious claim or defense pursuant to Trial Rule 60(B), a party seeking relief from a default judgment must state a factual basis for his purported meritorious claim or defense, but this initial showing is not governed by the Rules of Evidence.
Colvin v. Taylor, No. 21A-MF-3, __ N.E.3d __ (Ind. Ct. App., April 15, 2021).
Court could grant immediate possession of property because Indiana’s moratorium on evictions and foreclosures due to COVID-19 is no longer in effect.
Poppe v. Angell Enterprises, Inc., No. 20A-CT-2211, __ N.E.3d __ (Ind. Ct. App., April 19, 2021).
Summary judgment was properly granted for property owner when grocery shoppers were injured by an intoxicated driver in the parking lot; it was not a condition on the premises that caused the plaintiffs to be injured but a random criminal act that property owner could not have prevented.