When a trial court postpones a criminal trial due to congestion and the defendant objects, a reviewing court applies a burden-shifting test. The test first gives deference to the trial court’s initial finding of congestion. But if the defendant presents a prima facie case that the court’s congestion finding is inaccurate, the burden shifts to the trial court to explain why its calendar required continuing the trial. If the court fails to meet its burden, the defendant is entitled to have the State’s claim against him dismissed or discharged.
Supreme
Hancz-Barron v. State, No. 22S-LW-310, __ N.E.3d __ (Ind., June 26, 2024).
To recommend LWOP, the jury must (1) find the state has proved beyond a reasonable doubt that at least one statutory aggravator exists, (2) provide a special verdict form for each aggravating circumstance alleged, and (3) find that any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances. If those three steps are satisfied and the jury recommends LWOP, the court shall sentence the defendant accordingly. Moreover, depending on the circumstances of the crime(s), consecutive life sentences for each murder victim does not render the sentence disproportionate.
Foster v. First Merchants Bank, N.A., No. 24S-PL-75, __ N.E.3d __ (Ind., June 27, 2024).
Even though plaintiff had not taken any action in a case for over a decade, because the defendant moved for dismissal under T.R. 41(E) after the plaintiff had resumed prosecution, the trial court improperly dismissed the case.
B.K. and S.K. v. State, No. 23S-JV-344, __ N.E.3d __ (Ind., June 18, 2024).
Because the juvenile restitution statute does not have a judgment lien provision, a juvenile court lacks the authority to enforce a restitution order as a civil judgment lien.
Duke Energy Ind., LLC v. Noblesville, No. 23S-PL-130, __ N.E.3d __ (Ind., May 30, 2024).
Both trial courts and the utility regulatory commission can hear a municipality’s action to enforce an ordinance, but only the commission can decide whether an ordinance implicating a public-utility function is unreasonable.