Although under a joint defense agreement privileged information was disclosed, it did not bar one party from suing the other; the “specific claims of privilege will need to be resolved as they are encountered in discovery or at trial.”
Jahangirizadeh v. Pazouki, No. 29A02-1408-DR-530, __N.E.3d __ (Ind. Ct. App. , March 19, 2015).
Although the motion to set aside adequately alleged that the court’s property division was actually influenced by a party’s alleged falsification of assets, it was not enough to establish a possible case for an independent action for fraud or fraud on the court.
Johnson v. State, No. 49A02-1406-CR-437, __ N.E.3d __ (Ind. Ct. App., Mar. 6, 2015).
A trial court need not conduct an indigency hearing at the time probation fees are ordered, but must hold such a hearing before or upon completion of the sentence; probation fees “should reflect the time a defendant actually served on probation.”
J.B. v. State, No. 53A01-1408-CR-367, __ N.E.3d __ (Ind. Ct. App., Mar. 10, 2015).
Trial court’s earlier “earned dismissal” of misdemeanor conviction did not make the conviction records inaccessible, so that the expungement remedy was still available despite the earlier dismissal.
Cupello v. State, No. 49A02-1406-CR-394, __ N.E.3d __ (Ind. Ct. App., Mar. 11, 2015).
Homeowner prevailed with his “Castle Doctrine” statutory defense to a charge of battery on a law enforcement officer when the officer had unlawfully entered the home by putting his foot in the threshold of the front door.