Evidence defendant’s motorcycle was going 43 miles per hour did not prove its “maximum design speed” was 25 miles per hour or more, a “design speed” the State had to prove in order to show defendant was operating a “motor vehicle” rather than a “motorized bicycle” so that defendant was guilty of driving while suspended.
Lechien v. Wren, No. 48A02-1007-DR-882, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2011).
“[R]epudiation is not a release of a parent’s financial responsibility for the payment of child support and is not an acceptable justification to abate support payments for a child less than twenty-one years of age.”
Johnson, et al v. Sullivan et al, No. 82A05-1102-MI-108, ___ N.E.2d ____ (Ind. Ct. App. July 27, 2011).
“[E]vidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act.”
Hawkins v. State, No. 79A02-1101-CR-100, __ N.E.2d __ (Ind. Ct. App., July 18, 2011).
Sentence modification statute’s 365 day period in which judge may modify without prosecutor agreement starts when original sentence is imposed and is not “reset” with a resentencing.
Cottingham v. State, No. 06A01-1008-CR-431, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).
2010 amendment of I.C. 35-38-2.6-6 providing for “credit time” for community corrections home detention is ameliorative and required credit for home detention served prior to the amendment when probation was revoked after effective date.