A claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury.
C. Goff
Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Oct. 24, 2023).
The bank provided its customer with reasonable notice of its offer to amend its bank account terms, but the customer’s silence and inaction did not amount to acceptance of the amended terms.
Davis v. State, No. 22S-CR-253, __ N.E.3d __ (Ind., Oct. 3, 2023)(opinion on rehearing).
When a defendant waives the right to pursue their sentence as part of a plea agreement, they may not pursue a direct appeal of their sentence even if they can prove they did not knowingly and voluntarily waive the right to do so. A defendant must seek to vacate their guilty plea in post-conviction relief.
Indiana Right to Life Victory Fund v. Morales, No. 23S‐CQ‐108, __ N.E.3d __ (Ind., Sept. 25, 2023).
Ind. Code 3-9-2-3 to -6 prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.
Noblesville Ind. Bd. of Zoning Appeals v. FMG Indianapolis, LLC, No. 23S-PL-114, __ N.E.3d __ (Ind., Sept. 25, 2023).
An ambiguous word in a city ordinance is a question of law, which the Court reviews de novo.