Habitual offender enhancement may not be imposed on conviction of possession of a firearm by a serious violent felon.
F. Sullivan
Anyango v. Rolls Royce Corp., No. 49S04-1207-CT-434, ___ N.E.2d ___ (Ind., July 30, 2012).
The trial court correctly granted a motion to dismiss under T.R. 4.4(C) because the plaintiffs did not demonstrate that the alternative forum was “so inadequate or unsatisfactory that there is no remedy at all.”
Ryan v. Ryan, No. 71S03-1111-DR-644,___ N.E.2d ___ (Ind., July 31, 2012).
T.R. 60(B) relief was not appropriate in the circumstances of this case, but, subject to the limitations of substantive contract law, there are circumstances when T.R. 60(B) relief could be granted in a dispute over a settlement agreement or property division order.
Cottingham v. State, No. 06S01-1112-CR-703, __ N.E.2d __ (Ind., July 26, 2012).
A person who was placed on community corrections home detention prior to July 1, 2010 is not entitled to “good time credit” for the time on home detention.
Smith v. State, No. 49S02-1109-CR-529, __ N.E.2d __ (Ind., July 26, 2012).
Rejects defendant’s argument that the Crawford confrontation decision should alter the “substantially trustworthy” standard for the due process confrontation right in a community corrections revocation, and holds that drug screen evidence was shown by affidavit of laboratory supervisor to have met the “substantially trustworthy” test.