OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though her words had expressed reluctant agreement to be tested.
R. Pyle
Guffey v. State, No. 21A01-1410-CR-446, ___ N.E.3d ___ (Ind. Ct. App., Aug. 19, 2015).
Defendant’s convictions on five counts violated actual-evidence test for double jeopardy—though the court “merged” Counts II and IV into other counts, jeopardy still attached because it had previously entered judgment on them; and Counts III and V should also have been vacated and merged into Count I. But trial court could properly impose a longer sentence for the remaining Count I on remand, as long as it did not exceed the aggregate consecutive sentences previously imposed.
Additionally, sentencing order was defective for entering a habitual-offender sentence separately instead of applying as an enhancement to an underlying sentence.
Cavallo v. Allied Physicians of Michiana, LLC, No. 71A05-1406-PL-285, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2015).
Defendant did not have a right to a jury trial on the reasonableness of attorney fees, but there are instances where a jury may decide whether the amount of an attorney fee award is reasonable.
Osmanov v. State, No. 35A04-1412-PC-568, ___ N.E.3d ___ (Ind. Ct. App., July 22, 2015).
Trial court improperly denied PCR summarily by taking judicial notice of prior guilty-plea proceedings; they had not been submitted as evidence in support of summary disposition under P-C.R. 1(4)(g) and were not part of the “pleadings” that could be considered under P-C.R. 1(4)(f).
Jerden v. State, No. 07A05-1410-CR-498, ___ N.E.3d ___ (Ind. Ct. App., June 19, 2015).
Trial court erred in reporting four driving-offense guilty verdicts to the BMV when it had entered convictions on only two counts and merged the other two on double-jeopardy grounds.