Blood-draw search warrant application satisfied the filing requirement under Ind. Code § 35-33-5-2(a) because the signing judge’s uncontroverted certification that an affidavit had been delivered to her at the time of the warrant’s authorization established that the filing requirement had been satisfied.
Supreme
River Ridge Dev. Authority v. Outfront Media, LLC, No. 19S-PL-645, __ N.E.3d __ (Ind., May 29, 2020).
“The common-law obdurate behavior exception and the General Recovery Rule cannot authorize a trial court to award attorney’s fees when a party voluntarily dismisses its suit with prejudice. But a court can, at any point in litigation, exercise its inherent authority to sanction a party’s bad behavior by shifting fees.”
Payne v. State, No. 20S-CR-313, __ N.E.3d __ (Ind., May 18, 2020).
When there is no conflict in expert opinion that a defendant is legally insane, the State must present other probative evidence from which to infer the defendant’s sanity.
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.
Johnson v. State, No. 20S-CR-61, __ N.E.3d __ (Ind., May 22, 2020).
A general waiver of a right to appeal a sentence in plea agreement, when contained in the same sentence as an unenforceable waiver of post-conviction relief, is insufficiently explicit to establish a knowing and voluntary waiver of the right to appeal a sentence.