While participation in a Purposeful Incarceration Program (PIP) may lead to a subsequent sentence modification, a request for a participation recommendation is not, in itself, a request for modification under Indiana Code Section 35-18-1-17.
T. Crone
Berg v. Berg, No. 19A-DC-3038, __ N.E.3d __ (Ind. Ct. App., July 15, 2020).
Trial court improperly granted a T.R. 60(B) motion alleging that an account was omitted from a balance sheet used at mediation because it relied on inadmissible evidence from mediation.
Alvarez v. State, No. 19A-CR-1906, __ N.E.3d __ (Ind. Ct. App., Apr. 29, 2020).
A defendant is not entitled to credit for pretrial confinement if the defendant’s custody is a result charges with a different sovereign.
Freeman v. Timberland Home Center, Inc., No. 19A-CC-1889, __ N.E.3d __ (Ind. Ct. App., April 29, 2020).
Preferred venue status of a county is determined when an action is commenced by the filing of a complaint; if the county where the complaint was filed is a preferred venue, transfer to another county based on venue is improper even if a third-party is later joined.
Brown v. State, No. 19A-CR-2125, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2020).
A trial court may take judicial notice that the defendant signed pleadings, and a rebuttable presumption arises which requires the defendant to come forward with any evidence to dispute the presumption.