Published by the Indiana Judicial Center
Habitual offender enhancement may not be imposed on conviction of possession of a firearm by a serious violent felon.
The trial court correctly granted a motion to dismiss under T.R. 4.4(C) because the plaintiffs did not demonstrate that the alternative forum was “so inadequate or unsatisfactory that there is no remedy at all.”
T.R. 60(B) relief was not appropriate in the circumstances of this case, but, subject to the limitations of substantive contract law, there are circumstances when T.R. 60(B) relief could be granted in a dispute over a settlement agreement or property division order.
A person who was placed on community corrections home detention prior to July 1, 2010 is not entitled to “good time credit” for the time on home detention.
Rejects defendant’s argument that the Crawford confrontation decision should alter the “substantially trustworthy” standard for the due process confrontation right in a community corrections revocation, and holds that drug screen evidence was shown by affidavit of laboratory supervisor to have met the “substantially trustworthy” test.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
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Indianapolis, Indiana 46204
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