Despite an argument that it leads to an absurd result, a level 4 burglary conviction could not be enhanced with a habitual-offender finding because defendant’s two prior out-of-state convictions must be treated as Level 6 felonies under Ind. Code 35-50-2-8(b).
Supreme
Bellwether Properties, LLC v. Duke Energy Indiana, Inc., No. 53S04-1703-CT-121, __ N.E.3d __ (Ind., Dec. 20, 2017).
Because the complaint does not establish that the statute of limitations had already run when the complaint was filed, Defendant’s T.R. 12(B)(6) motion shouldn’t have been granted.
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Dec. 12, 2017).
In re D.J. v. Ind. Dep’t of Child Servs. did not relax the procedural requirements for appellate jurisdiction. The prerequisites for appellate jurisdiction are entry of an appealable order by the trial court and the trial court clerk’s entry of the notice of completion of the clerk’s record on the chronological case summary.
Taylor v. State, No. 82S00-1610-LW-576, __ N.E.3d __ (Ind., Dec. 5, 2017).
Seventeen-year-old defendant’s LWOP sentence for murder and conspiracy to commit murder reduced to an aggregate eighty-year term.
State v. Timbs, No. 27S04-1702-MI-70, __ N.E.3d __ (Ind., Nov. 2, 2017).
The Eighth Amendment’s Excessive Fines Clause does not bar the State from forfeiting Defendant’s vehicle because the United States Supreme Court has not held that the Clause applies to the States through the Fourteenth Amendment.