Two or more distinct offenses may be enhanced due to the use of the same weapon during the commission of each offense, but double jeopardy protections prevent enhancement due to the continuous possession of the weapon.
Supreme
State v. Ruiz, No. 19S-CR-336, __ N.E.3d __ (Ind., June 3, 2019).
Miranda warnings must be provided when police interrogate someone when their movement is curtailed and they are subjected to coercive pressures.
In re Unsupervised Estate of Orlando C. Lewis, Jr., No. 18S-EU-507, __ N.E.3d __ (Ind., June 3, 2019).
Trial court properly exercised its discretion to reconsider its initial appointment of the special administrator of an estate. Though not required by statute or trial rule, courts should nevertheless give notice and hold a hearing before appointing a special administrator or rescinding such an appointment.
O’Bryant v. Adams, No. 18S-PL-584, __ N.E.3d __ (Ind., June 4, 2019).
A valid forum-selection clause, in which the parties agree by contract to litigate their disputes in a specific forum, does not deprive a trial court of personal jurisdiction over parties that would otherwise be subject to the court’s jurisdiction.
Town of Brownsburg, Ind. v. Fight Against Brownsburg Annexation, No. 19S-PL-342, __ N.E.3d __ (Ind., June 5, 2019).
A trial court hearing a remonstrance proceeding on judicial review must consider the evidence submitted by both the municipality and the remonstrators, and need not defer to either the municipality’s own evidence supporting the annexation or its determination that it met the statutory requirements.