A firefighter’s private email supporting a political candidate running for township trustee to a small group of citizens was protected public-employee speech under the Garcetti-Connick-Pickering test, and the fire chief was not justified in treating the firefighter differently from any other member of the general public and terminating his position.
Supreme
Dawson v. State, No. 49S02-1103-CR-176, __ N.E.2d __ (Ind., March 29, 2011)
P-C.R. 2 does not allow belated appeals from orders revoking probation.
Murphy v. State, No. 18S02-1103-CR-142, __ N.E.2d __ (Ind., Mar. 10, 2011)
Adopts Court of Appeals decision that the trial court is the authority to determine whether a defendant is entitled to educational credit time earned in the jail while awaiting trial and sentencing.
Walker v. Pullen, No. 64S05-1101-CT-0006, ___ N.E.2d ____ (Ind., March 15, 2011)
A court cannot grant a new trial unless the judge enters special findings as required by T.R. 59(J).
Miller v. State, No. 08S02-1102-CR-108, __ N.E.2d __ (Ind., Feb. 24, 2011)
Adopts Court of Appeals holding that IC 35-50-2-2(i)’s provision limiting suspension of Class A felony child molesting sentence, with a perpetrator over 21 and a victim under 12, to portion of sentence over 30 years does not establish the minimum sentence for the offense, which is 20 years.