Defendant did not waive transfer to a preferred venue when the case was removed to federal court; trial court was required to transfer the case to defendant’s preferred venue upon remand to state court.
M. Robb
City of Hammond v. Herman & Kittle Properties, Inc., No. 49A04-1612-PL-2784, __ N.E.3d __(Ind. Ct. App., Feb. 20, 2018).
Ind. Code §36-1-20-5, limiting rental property registration fees to $5, is stricken because it is special legislation.
Doe v. Boone Cnty. Prosecutor, No. 06A01-1612-PL-2741, __ N.E.3d __ (Ind. Ct. App., Oct. 24, 2017).
Churches are not “school property” at any time within the meaning of Ind. Code 35-31.5-2-285(1)(D); serious sex offenders are not prohibited from entering church property if that church offers Sunday school or child care services for children in the relevant age group.
Currie v. State, No. 01A02-1609-PC-2077, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
A post-conviction petition is not a successive petition until a first petition has been litigated to conclusion.
Nickels v. State, No. 09A02-1703-CR-534, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).
Trial court must allow defendant the opportunity to make a closing argument before announcing a preliminary finding of guilt.