The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.
D. Molter
Expert Pool Builders, LLC v. Vangundy, No. 23S‐PL‐171, __ N.E.3d __ (Ind., Jan. 2, 2024).
A party’s opposition to the motion for default judgment preserved its challenge for appeal and it was not required to also file a T.R. 60(B) motion.
Mellowitz v. Ball State University, No. 23S‐PL‐60, __ N.E.3d __ (Ind., Nov. 21, 2023).
Shielding post-secondary educational institutions from pandemic‐related class action claims is within the General Assembly’s legislative authority, not an unconstitutional taking, and does not unconstitutionally impair the school’s contract obligations to its students.
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.