Substantial evidence supports the $176,467.17 award to the judges for attorney’s fees and expenses for their mandate action.
Gary v. State, No. 18A-CR-2067, __ N.E.3d __ (Ind. Ct. App., May 9, 2019).
Because some or all of the evidence could be used to prove defendant committed both felony intimidation and attempted murder, the conviction of intimidation is vacated as it violates his right against double jeopardy under the actual evidence test.
In re Termination of Parent-Child Relationship of S.K., No. 18A-JT-2200, __ N.E.3d __ (Ind. Ct. App., May 13, 2019).
Children’s statements made to therapist regarding whether the children were aware that father killed their mother and whether they understood that they could visit Father were not admissible hearsay under the medical diagnosis exception because children likely did not understand that they were making statements to the therapist for the purpose of diagnosis or treatment.
Robinson v. Robinson, No. 18A-EM-2742, __ N.E.3d __ (Ind. Ct. App., May 13, 2019).
A transfer on death deed beneficiary “takes the owner’s interest in the property at the death of the owner subject to all conveyances . . . made by the owner . . . during the owner’s lifetime.” If the property owner quitclaims property interest prior to death, then there is no interest in the property to transfer upon death via the transfer on death deed.
Baca v. State, No. 18A-CR-2756, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).
A trial court’s grant of a directed verdict for the defendant under Trial Rule 50 acts as an acquittal on that count and bars the State from amending the charge and a retrial.