Multiple reckless homicide convictions, based on multiple victims, do not violate double jeopardy.
Diaz v. State, 20A-CR-203, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2020).
Convictions for murder and robbery, which relate to a single victim, do not offend double jeopardy.
Riddle v. Cress, No. 20S-PL-573, __ N.E.3d __ (Ind., Oct. 2, 2020).
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.
W.M. v. H.T., No. 20A-AD-403, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2020).
In an adoption, the trial court must make specific findings as required by Ind. Code § 31-19-9-8(a) if it finds that the father’s consent is not needed.
Knight v. State, 20A-CR-268, __ N.E.3d __ (Ind. Ct. App., Sep. 15, 2020).
The imposition of community service, as a term of probation, is beyond the trial court’s discretion where the condition is not specified in the plea agreement and where the plea agreement contains language that limits the trial court’s discretion to impose such a condition.