“[A]lthough a party forfeits its right to appeal based on an untimely filing of the Notice of Appeal, this untimely filing is not a jurisdictional defect depriving the appellate courts of authority to entertain the appeal.”
Supreme
State v. Greene, No. 49S02-1403-PC-172, __ N.E.3d __ (Ind., Sept. 17, 2014).
Rejects defendant’s claim that attorneys were ineffective for not arguing a certain case because defendant mischaracterized that case.
Pohl v. Pohl, No. 32S04-1404-DR-245, __ N.E.3d __ (Ind., Sept. 9, 2014).
“[A]ny maintenance provision in a settlement agreement, regardless of its grounds, is modifiable only if the agreement so provides.”
Hughley v. State, No. 49S04-1406-MI-386, __ N.E.3d __ (Ind., Sept. 9, 2014).
A self-serving, but competent affidavit that contradicted the State’s designated evidence on a material fact was sufficient to preclude summary judgment.
Cross v. State, No. 73S01-1401-CR-29, __ N.E.3d __ (Ind., Sept. 3, 2014).
Firearm sentence enhancement and handgun without a permit conviction were based on the same behavior in violation of Indiana common law rule supplementing Indiana Double Jeopardy protection.