When a person is placed on probation for a felony conviction, the trial court is statutorily required to impose probation fees and may not direct the probation department to conduct a financial assessment. The trial court must also conduct an indigency hearing.
Miller v. Town Bd. Of Sellersburg, No. 10A01-1612-MI-2908, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2017).
Town clerk-treasurer could not mandate additional deputies; Ind. Code § 36-5-6-7 states that the town legislative body must approve the appointment of deputies.
Whitaker v. State, No. 49A02-1706-CR-1162, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).
The trial court, not the probation department, has the sole discretion to impose probation fees under Ind. Code § 35-38-2-1(e) and Ind. Code § 35-38-2-1.7(b).
In re Unsupervised Estate of Owsley, No. 49A02-1701-EU-207, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).
Because the victims of the civil rights action are the decedent’s survivors, not the decedent himself, no estate needed to be open for the sole purpose of pursuing a federal civil rights action.
Buskirk v. Buskirk, No. 06A01-1610-DR-2296, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2017).
Contract between husband and wife, on keeping their property and income separate, entered into after marriage disagreement, was an enforceable reconciliation agreement made with valid consideration.