To be knowing, voluntary, and intelligent, a guilty plea to a repeat sexual offender and habitual offender enhancement must contain a waiver to the right to a jury trial.
M. Barnes
Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168,__ N.E.3d __ (Ind. Ct. App., June 15, 2018).
If a party files a motion to correct error, it should either wait for a ruling on the motion before initiating the process of an appeal, or it should dismiss the motion to correct error.
Batchelor v. State, No. 11A01-1707-CR-1574, __ N.E.3d __ (Ind. Ct. App., March 28, 2018).
Jury instruction that misstated mens rea for resisting law enforcement was a fundamental error that mandated reversal of conviction; it was erroneous for the trial court to give the instruction when the defendant did not request it.
Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168, __ N.E.3d __ (Ind. Ct. App., March 27, 2018).
A component manufacturer is not immune from liability under the Indiana Product Liability Act; component manufacturer cannot automatically transfer all responsibility to the final manufacturer.
Tibbs v. State, No. 49A02-1701-CR-154, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2017).
Trial courts are not required to enter findings denying a motion for “reverse waiver” to juvenile court.