Roland Barker v. State of Indiana (7/21/04 IndCtApp) [Criminal Law & Procedure]
Sharpnack, Judge
Roland Barker appeals the post-conviction court’s denial of his petition for post-conviction relief. Barker raises one issue, which we restate as whether the post-conviction properly concluded that Barker’s guilty plea was entered into knowingly, intelligently, and voluntarily. We affirm. * * *Mark McDillion v. Northern Indiana Public Service Company (NIPSCO) (7/21/04 IndCtApp) [Procedure]
DARDEN, J. and ROBB, J. concur
Mark McDillon appeals the jury verdict awarding Northern Indiana Public Service Company (“NIPSCO”) $12,440.29 for damages incurred as a result of McDillon’s vehicle colliding with one of its utility poles. NIPSCO cross-appeals, claiming that the trial court erroneously set aside the default judgment entered against McDillon and erroneously granted McDillon’s untimely demand for a jury trial. Because we find that the jury may have predicated its verdict on a nonparty instruction erroneously given to the jury, we reverse. Although NIPSCO argues that its default judgment should be reinstated if we reverse, we find that NIPSCO waived its challenge to the setting aside of the default judgment by failing to perfect a timely appeal. Additionally, contrary to NIPSCO’s contention, we find that McDillon timely requested a trial by jury. Accordingly, we remand for a jury trial. * * *Posted by Marcia Oddi at July 21, 2004 02:10 PM
Reversed and remanded.
SULLIVAN, J., and MAY, J., concur.