Gerber v. State (Ind. Ct. App., May, J.) – Expungement statute does not require petitioner to wait until limitations period for dismissed charge has run, and trial judge erred in summarily dismissing expungement petition on that basis; on remand, prosecutor is not authorized to participate due to failure to have filed a notice of opposition.
Criminal
Shivley v. State, No. 12A02-0903-CR-235, ___ N.E.2d ___ (Ind. Ct. App., Sept. 2, 2009)
In determining indigency for the purpose of court-appointed counsel, trial courts should consider defendant’s actual income as of the time of the hearings and his fixed monetary obligations, including his obligations to his family.
Weatherspoon v. State, No. 45A03-0809-CR-466, ___ N.E.2d ___ (Ind. Ct. App., Sept. 2, 2009)
Because Jury Rule 20(a)(8) makes a clear distinction between discussions and deliberations, and because there is no evidence that the alternates participated in deliberations, trial court properly instructed jury that alternates were permitted to discuss the evidence during recesses from trial, but not deliberations.
Harris v. State, No. 91A05-0904-CV-188, ___ N.E.2d ___ (Ind. Ct. App.. Sept. 2, 2009)
To constitute sufficient proof of notice under the bond forfeiture statute, State must at a minimum present evidence of compliance with Indiana Trial Rule 5(B), which governs service of papers in civil actions.
Barber v. State, No. 49A02-0901-CR-34, __ N.E.2d__ (Ind. Ct. App., Aug. 17, 2009)
When there was no evidence defense discovery of exculpatory witnesses the weekend before trial was in bad faith, and prejudice to State from a continuance was minimal, trial court reversibly erred in denying a continuance and applying instead a hard deadline for the witness list to exclude the witnesses.