Testimony obtained by facilitated communication is admissible in evidence. The trial court has discretion to determine whether a child is competent to testify based upon the court’s observation of the child’s demeanor and responses to questions posed to him by counsel and the court.
Ind. Ins. Guaranty Assoc. v. Smith, No. 71A03-1703-CT-610, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2017).
A vehicle that has liability insurance, but was denied coverage, meets the statutory definition of uninsured motor vehicle.
Robinson v. State, No. 22A01-1604-CR-856, __ N.E.3d __ (Ind. Ct. App., Sept. 15, 2017).
A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.
Messmer v. KDK Financial Svcs., Inc., No. 53A01-1701-PL-139, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2017).
The continuing representation doctrine for statute of limitations is not applicable to financial advisers or fraud allegations.
Archer v. State, No. 49S04-1705-CR-00288, __ N.E.3d __ (Ind., Sept. 6, 2017).
Because the defendant agreed to pay restitution and there is evidence in the record that she is able to work and hopes to secure employment in the future, the trial court did not abuse its discretion in ordering defendant to pay restitution.