Statements made to the mediator during mediation fall within the express inadmissibility of mediation evidence.
Pace v. State, No. 20A03-1206-PC-378, __ N.E.2d __ (Ind. Ct. App., Feb. 5, 2013).
Failure to demand bifurcation of serious violent felony charge and dealing in amphetamine charge was ineffective assistance of counsel in this case.
Coats v. State, No. 49A02-1206-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb. 7, 2013).
The better practice is to follow the statutory commitment procedures concerning competence to stand trial, but here the trial court did not err in not using those procedures where the defendant’s dementia left no hope that competency could be restored.
Iltzsch v. State, No. 49S02-49S02-1301-CR-57, __ N.E.2d __ (Ind., Jan. 24, 2013).
Remands for a new restitution hearing to allow presentation of additional evidence on losses compensable through restitution, when evidence presented at initial hearing was held insufficient by the Court of Appeals.
Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).
Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”