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.
251 N. Illinois Street, Suite 800
Indianapolis, Indiana 46204
Case Clips are selected decisions of the Indiana appellate courts abstracted for judges by the Indiana Office of Court Services. The full text of Indiana opinions may be retrieved from the Indiana Judicial System website at courts.IN.gov/opinions.
The Indiana Office of Court Services is the staff agency for the Judicial Conference of Indiana and serves Indiana judges and court personnel by providing educational programs, publications, and research assistance.
All content © 2021 Indiana Judicial Center courts.IN.gov