Although the debtor failed to assert the exemption for an IRA, the trial court did not abuse its discretion by taking judicial notice of the exemption and excluding the asset from garnishment.
Neal v. IAB Financial Bank, No. 02A03-1604-CT-1002, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2017).
A Good Samaritan who helps a stranded motorist does not have a duty to a motorist harmed by the formerly stranded motorist after aid was rendered.
Wampler v. State, No. 14S05-1701-CR-37, __ N.E.3d __ (Ind., Jan. 25, 2017).
Even where a trial court has not abused its discretion in sentencing, the Indiana Constitution and Appellate Rule 7(B) authorizes revision of a sentence if it is inappropriate in light of the nature of the offense and the character of the offender.
Shoun v. State, No. 20S00-1601-LW-00061, __ N.E.3d __ (Ind., Jan. 25, 2017).
The defendant’s sentence of life without parole (LWOP) is proportional considering the severe nature of the crime and his character.
Baker v. State, No. 49A02-1605-CR-1154, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2017).
When restitution is ordered as a condition of probation, the trial court must inquire as to defendant’s ability to pay, and if ordered to pay for property damages of the victim, it must be based on the actual cost of repair or replacement.