When a meritorious PCR petition was filed by a pro se petitioner, and neither party moved for summary disposition, the post-conviction court should have either ordered the cause to be submitted by affidavit or held an evidentiary hearing.
M. Robb
Riley v. State, No. 18A-CR-2015, __ N.E.3d __ (Ind. Ct. App., July 8, 2019).
Indiana Code 35-33-8-5 allows the court to increase bail, but only after the State requests the increase and presents evidence in support.
McBride v. State, No. 18A-CR-580, __ N.E.3d __ (Ind. Ct. App., June 28, 2019).
The trial court should have imposed as a condition of probation that the defendant convicted felon was unequivocally prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1). Neither the trial court nor the probation department has authority to grant such permission during the term of probation.
Tutino v. Rohr-Indy Motors Inc., No. 18A-CT-2435, __ N.E.3d __ (Ind. Ct. App., June 18, 2019).
Because the issues of fact were not material to the resolution of the case summary judgment was appropriate.
N.E. v. L.W., No. 18A-PO-2514, __ N.E.3d __ (Ind. Ct. App., June 14, 2019).
The trial court erred in denying petition for a protection order on grounds that a no-contact order was in place.