Notwithstanding a CCS entry after a mistrial that contained the word judgment, the court had not entered a judgment of conviction and the defendant could be retried
N. Vaidik
Horejs v. Milford, No. 45A03-1709-CT-2173, __ N.E.3d __ (Ind. Ct. App., June 14, 2018).
The wrongful death statute precludes the statutory beneficiary who dies before judgment from recovering wrongful death damages when the statutory beneficiary dies with no heirs.
Knutson v. State, No. 12A04-1709-CR-2246, __ N.E.3d __ (Ind. Ct. App., May 31, 2018).
Unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to the general offense-level statute (Ind. Code § 16-42-19-27).
Kirchgessner v. Kirchgessner, No10A01-1710-CP-2309,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Trial court properly granted a T.R. 60(B)(7) motion within a reasonable time, even though it was over 25 years since the judgment was entered.
State v. Myers, No. 69A01-1708-CR-1805, __ N.E.3d __ (Ind. Ct. App., April 24, 2018).
A defendant must object to a trial date set beyond the one-year guarantee in Criminal Rule 4(C) in time to permit the trial court to reset the trial for a date within the proper period.