If a defendant wishes to challenge their guilty plea, they cannot do so through a direct appeal; the issue of whether a defendant’s guilty plea was knowing and voluntary should instead be pursued by filing a petition for post-conviction relief.
C. Goff
M.H. v. State, No. 22S-JV-251, __ N.E.3d __ (Ind., April 19, 2023).
When a decision implicates a new jurisdictional rule, as in K.C.G. v. State, courts are to apply the principle of non-retroactivity, rather than vacate a final judgment for voidness, unless the jurisdictional error compromised the reliability or fairness of the proceedings.
Decker v. Star Financial Group, Inc., No. 22S-PL-305, __ N.E.3d __ (Ind., March 21, 2023).
Bank could not add an arbitration addendum to terms and conditions of the bank account because the phrase, “any term of this agreement” only allowed modification existing terms, not adding a new term.
US Automatic Sprinkler Corp. v. Erie Ins. Exchange, No. 22S-CT-264, __ N.E.3d __ (Ind., March 6, 2023).
The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).
Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.