Role of defendant’s alleged mental illness in double-murder was not so “exceptional and extraordinary” as to warrant appellate revision of LWOP sentence. Jury’s weighing of LWOP aggravators and mitigators is not subject to appellate review.
Slaybaugh v. State, No. 79A02-1411-CR-798, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
Fact that juror was Facebook “friends” with relatives of the victim did not establish juror misconduct, when juror testified that she did not know them personally, and trial court found her testimony truthful.
Burnell v. State, No. 29A02-1412-CR-849, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though her words had expressed reluctant agreement to be tested.
In re Paternity of Pickett, No. 29A02-1501-JP-9, __ N.E.3d __ (Ind. Ct. App, Sept. 23, 2015).
Trial court erred in ordering father to contribute to child’s college expenses based on the cost of a private university rather than a public university; the private university did not offer a special curriculum and child did not discuss her decisionmaking process with her father.
Boyer Construction Group Corp. v. Walker Construction Co., Inc., No. 45A03-1502-PL-66, __ N.E.3d __ (Ind. Ct. App, Sept. 24, 2015).
Even after a trial court has entered a judgment, parties can still make a new filing for attorney fees.