Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Per Curiam
State ex rel. Crain Heating Air Cond. & Refrig., Inc. v. Clark Circuit Court, No. 10S00-0910-OR-500, ___ N.E.2d ___ (Ind., Feb. 17, 2010)
If a ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and has not been entered within ten days after the hearing thereon, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E); it is not necessary for a party to await the thirty-day period described in Trial Rule 53.1(A) before filing a praecipe for withdrawal.
Presley v. Georgia, No. 09-5270, __ U.S. __ (Jan. 19, 2010)
Defendant’s Sixth Amendment public trial right requires that jury selection be open to the public.
State ex rel. Kirtz v. Delaware Circuit Court No. 5, No. 18S00-0909-OR-411, __ N.E.2d __ (Ind., Nov. 13, 2009)
When defendant had testified against special prosecutor’s brother-in-law in an unrelated recent case, the special prosecutor’s appointment was dissolved by a Supreme Court writ of mandate and prohibition based on the appearance of impropriety.
Ind. Division of Child Services, LaPorte County v. LaPorte County CASA, NO. 46A04-0902-JV-78, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
Periodic CHINS placement review was transformed into a modification proceeding, so that court’s modification contrary to DCS recommendation was subject to expedited appeal procedure.