Revision of a sentence under Indiana Appellate Rule 7(B) requires the appellant to demonstrate that his sentence is inappropriate in light of the nature of the offense and the character of the offender; failure to address both prongs results in waiver of appropriateness review.
E. Najam
In re Adoption of K.T., No. 20A-AD-2102, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
The ongoing CHINS proceeding did not prohibit the trial court from dispensing with mother’s and father’s consents in the adoption proceeding.
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.
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.
Fields v. State, 20A-CR-1799, __ N.E.3d __ (Ind. Ct. App., Jan. 26, 2021).
Notwithstanding a waiver of appeal provision in a plea agreement, a defendant who was sentenced contrary to law is an eligible defendant permitted to seek a belated appeal pursuant to Post-Conviction Rule 2.