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.
Criminal
Lang v. State, No. 67A01-0905-CR-241, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2009)
Under notice-based approach, entry of final judgment, from which time period to file notice of appeal began to run, was not when sentence was announced in court or when posted to the RJO but rather when the judge signed the sentencing order.
Collins v. State, No. 35A02-0902-CR-162 , __ N.E.2d __ (Ind. Ct. App., Aug. 21, 2009)
Probation modification statute permitted addition of special probation conditions without proof of a violation, and as statute is remedial it applied to probation imposed before its adoption.
Alvey v. State, No. 82S01-0902-CR-66, __ N.E.2d __ (Ind., Aug. 24, 2009)
A defendant whose motion to suppress is denied cannot plead guilty and then appeal the denial of his motion, even if his plea agreement provides for it.
Kimbrough v. State, No. 20A03-0901-CR-29, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2009)
Determinations of defendant’s ability to pay fines, court costs, and public defender fund reimbursement were not required at sentencing when the payments were deferred until post-sentence events. When victim had obtained a civil judgment against defendant prior to sentencing, trial court might have to adjust restitution order to avoid double recovery for victim.