Trial court’s failure to rule within a year after hearing motion to suppress, when defense motion for continuance was made at court’s urging pending ruling on the motion, required defendant’s discharge under Criminal Rule 4(C)’s one year trial rule.
R. Shepard
State v. Bisard, No. 49A04-1109-CR-459, __ N.E.2d __ (Ind. Ct. App., Sept. 12, 2012).
Under the Implied Consent statutes, “blood may be drawn at a licensed hospital or by certain people if not at a licensed hospital. To the extent that someone else draws blood, the evidence must show that the person is properly trained and performed the draw in a medically acceptable manner.”
Pac-Van, Inc. v. Wekiva Falls Resort, No. 49A02-1204-CT-337, ___ N.E.2d ___ (Ind. Ct. App., Sept. 11, 2012).
When the losing party pays a judgment in full, post-judgment interest does not keep running on the whole amount until the trial court calculates the amount due for the period between the judgment and the payment.
Sexton v. State, No. 02A03-1110-CR-465, __ N.E.2d __ (Ind. Ct. App., June 11, 2012).
When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”
Harris v. State, No. 34S02-1203-CR-169, __ N.E.2d __ (Ind., Mar. 16, 2012).
A defendant need not show prejudice to obtain reversal relief from a violation of a local anti-forum shopping rule filed pursuant to Criminal Rule 2.2.