Because the jury’s only role under the current habitual-offender statute is to determine whether the defendant has the requisite prior convictions, the defendant is not entitled to testify about the circumstances surrounding his prior convictions.
N. Vaidik
Rambo v. Rambo, No. 21A-DC-2472, __ N.E.3d __ (Ind. Ct. App., April 25, 2022).
A court cannot enter a provisional order in a dissolution of marriage for the sale of marital property.
Duff v. Rockey, No. 21A-DR-1750, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2022).
An attorney who is disqualified from representing client in one matter is not automatically disqualified from representing client in another matter if the basis for disqualification no longer exists.
Wihebrink v. State, No. 20S-CR-632, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2022).
An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.
Corbett v. State, No. 21A-CR-118, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2021).
Article 15 non-judicial punishment received while in the Navy is not a criminal conviction and cannot be used to impeach a witness under Evidence Rule 609.