Because defendant did not personally waive his right to a jury trial—rather, his attorney did—when he pled guilty to being a habitual offender, the Court vacated his habitual-offender adjudication and remanded the case for a new trial on that charge
N. Vaidik
Costello v. Zavodnik, No. 49A04-1504-PL-163, __N.E.3d__ (Ind. Ct. App., May 23, 2016).
The trial court should have withdrawn admissions under T.R. 36(B) because of litigant’s abuse of T.R. 36.
Taylor-Bey v. State, No. 49A05-1503-CR-123, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).
Trial court had jurisdiction over a “Moorish American National Sovereign.”
Stewart v. Alunday, No. 16A04-1507-CT-760, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).
Judicial admissions are conclusive and binding on the trier of fact.
Mannix v. State, No. 49A04-1505-CR-294, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.