Choi v. Kim, No. 20S-PL-706, __ N.E.3d __ (Ind., Dec. 18, 2020).
Remands for a new trial when trial court erred in communicating with the jury after deliberations began.
Published by the Indiana Office of Court Services
Remands for a new trial when trial court erred in communicating with the jury after deliberations began.
Vacates the portion of the Court of Appeals decision that makes the broad statement that law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.”
Trial court failed to adhere to Indiana Post-Conviction Rule 1(6) which provides that the trial court “shall make specific findings of fact, and conclusions of law on all issues presented, whether or not a hearing is held.”
A trial court will not be found to have abused its discretion in setting aside a default judgment “so long as there exists even slight evidence of excusable neglect.” Because of this deferential standard of review, the trial court’s decision to set aside default judgment was upheld.
The State has discretion to seek a firearm enhancement—which, necessarily, also means the State can withdraw or waive that enhancement.
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