Affirms trial court’s rejection of the defendant’s “settled insanity” defense, since there was some evidence that the defendant’s behavior was the result of his voluntary abuse of alcohol.
Southern Union Co. v. United States, No. 11–94, __U.S.__ (June 21, 2012).
Apprendi v. New Jersey requires a jury resolution of facts on which imposition of a criminal fine rests.
Sexton v. State, No. 02A03-1110-CR-465, __ N.E.2d __ (Ind. Ct. App., June 11, 2012).
When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”
Baker v. State, No. 89S01-1109-CR-543, __ N.E.2d __ (Ind., June 12, 2012).
Evidence that defendant, who broke and entered, had opened cupboards and drawers was sufficient to support an inference that the defendant was looking for something to take and consequently had intended to commit theft when he broke and entered.
Sexton v. Sexton, No. 34A02-1111-DR-01059, ___ N.E.2d ___ (Ind. Ct. App., June 8, 2012).
Public Law 111-2012 will modify the presumptive age for termination of child support, but it will not alter a child’s ability to obtain educational support except for amending the time frame in which certain children may seek educational support.