T.R. 76(C)(5) does not apply to change of judge requests in small claims cases; the change of judge request made pursuant to T.R. 76(C)(1) should have been granted.
When the appointed special judge was unavailable, under T.R. 79(I)(2)(a), only a judge pro tempore, temporary judge, or a senior judge appointed by the special judge could preside over proceedings.
Atkins v. Veolia Water Indianapolis, LLC, No. 49A02-1302-CT-181, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2013).
The trial court did not abuse its discretion by denying the party’s request to file a belated appeal. Although counsel did not have actual knowledge of the order, counsel did have notice, which is a prerequisite to relief under T.R. 72(E).
“Whether home detention is imposed via a direct placement in a community corrections program or as a condition of probation, its accompanying statutory requirement that the detainee receive credit time militates toward counting it as part of the executed portion of his sentence.”
Defendant’s conviction is reversed because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections.