Trial court failed to adhere to Indiana Post-Conviction Rule 1(6) which provides that the trial court “shall make specific findings of fact, and conclusions of law on all issues presented, whether or not a hearing is held.”
Per Curiam
Riddle v. Cress, No. 20S-PL-573, __ N.E.3d __ (Ind., Oct. 2, 2020).
A trial court will not be found to have abused its discretion in setting aside a default judgment “so long as there exists even slight evidence of excusable neglect.” Because of this deferential standard of review, the trial court’s decision to set aside default judgment was upheld.
State v. Vande Brake, No. 20S-CR-499, __ N.E.3d __ (Ind., Aug. 4, 2020).
The State has discretion to seek a firearm enhancement—which, necessarily, also means the State can withdraw or waive that enhancement.
Mullins v. State, No. 20S-CR-451, __ N.E.3d __ (Ind., Jul. 6, 2020).
Defendant’s 24½-year sentence, based on multiple controlled buys of methamphetamine over a two-week period and the resulting traffic stop, which uncovered additional contraband, was inappropriate.
Jackson v. State, No. 20S-CR-315, __ N.E.3d __ (Ind., May 19, 2020).
The twenty-seven-year sentence the prosecutor recommended, and thirty-six-year enhanced sentence imposed by the trial court, absent more significant aggravating factors, was inappropriate.