An attorney may not waive the right to appear on behalf of a client for a mentally competent civil commitment. A trial court must waive a respondent’s presence at a commitment hearing at the beginning of the proceeding.
L. Rush
Kirby v. State, No. 18S‐CR‐79, __ N.E.3d __ (Ind., April 27, 2018).
Defendant may not challenge a collateral consequence of an ex post facto statute barring him from school property through a post-conviction proceeding, but he may pursue his claim in a declaratory‐judgment action.
Care Group Heart Hospital, LLC v. Sawyer, No. 49S05-1710-PL-671,__ N.E.3d __ (Ind., March 23, 2018).
The Court enforced the plain meaning of the contract; “terminated for any reason” means any termination, for any reason.
Jones v. State, No. 84S05-1712-CR-741, __ N.E.3d __ (Ind.,Dec. 19, 2017).
Abandonment is an allowable defense for both attempted robbery and conspiracy to commit robbery, but it must be voluntary and occur after the “prohibited conduct” and before the “underlying crime” has been committed or becomes inevitable.
Calvin v. State, No. 02S03-1709-CR-611 , __ N.E.3d __ (Ind., Dec. 21, 2017).
Despite an argument that it leads to an absurd result, a level 4 burglary conviction could not be enhanced with a habitual-offender finding because defendant’s two prior out-of-state convictions must be treated as Level 6 felonies under Ind. Code 35-50-2-8(b).