“[A] stipulation may be presented to the jury in the form of a preliminary instruction.”
E. Friedlander
Wolverine Mutual Insurance Co. v. Oliver, No. 20A03-1003-SC-162, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2010)
Given that Small Claims Rule 4(A) provides that the statute of limitations is “deemed at issue” and that the trial court asked if there was a limitations question at a point when plaintiff could still have litigated it, the court properly decided the case based on the statute of limitations even though defendant had not raised or argued it.
Fisher v. State, No. 10A01-1001-CR-21, __ N.E.2d __ (Ind. Ct. App., Aug. 30, 2010)
Defendant’s constitutional right to a speedy trial was violated when he diligently attempted to be tried on Indiana charges while in federal custody for five years but State did not seek to have him tried under a policy not to return persons in another jurisdiction’s custody until their sentences were served in that jurisdiction.
Jones v. State, No. 27A02-1002-CR-168, __ N.E.2d __ (Ind. Ct. App., July 7, 2010)
When the two convictions were based on controlled buys using the same informant and quantity of drugs and were arranged to occur at the same place and took place only two weeks apart, consecutive sentences were inappropriate.
Boone v. Boone, No. 45A03-0906-CV-243, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Divorce court could not order support retroactive to a date seventeen months prior to the filing of the dissolution action.