The state must prove that each of the three prior unrelated felony convictions meet the ten-year requirement in order to have a person sentenced as a habitual offender under Ind. Code 35-50-2-8(d).
M. Massa
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).
Sedam v. 2JR Pizza Enterprises, LLC, No. 39S05-1703-CT-171, __ N.E.3d __ (Ind., Oct. 31, 2017).
When an employer admits that an employee was acting within the course and scope of his or her employment, absent special circumstances, negligent hiring claims are precluded.
Bd. of Cmm’r of Union Cty. v. McGuinness, No. 81S01-1708-PL-529, __ N.E.3d __ (Ind., Aug. 15, 2017).
County did not have third-party standing to sue on behalf of its residents.
Leonard v. State, No. 02S00-1604-LW-185, __ N.E.3d __ (Ind., Aug. 11, 2017).
In the Richmond Hill explosion murder case, the evidence was sufficient to support the murder convictions and the statutory aggravator; the trial court properly refused to include the lesser-included jury instruction; and, Indiana’s life without parole statute is constitutional.