Evidence that marijuana blunt was in plain view on center console between driver and defendant passenger, coupled with testimony of strong marijuana smell in vehicle, was sufficient to prove defendant constructively possessed the marijuana; distinguishes Gray v. State.
Adams v. State, No. 29A02-1008-CR-903, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2011)
Evidence that a jar of marijuana was found on car floor in front of defendant passenger’s seat established that the car was “used” to commit possession of marijuana, so that the defendant’s license could be suspended under IC 34-48-4-15.
Ryan v. Ryan, No. 71A03-1009-DR-453, ___ N.E.2d ___ (Ind. Ct. App., Mar. 28, 2011)
The dissolution court “may issue an order providing additional terms to the extent the Settlement Agreement and Private Agreement are silent,” instead of modifying the terms of the Settlement Agreement to provide relief under TR 60(B).
Smith v. State, No. 35A02-1008-CR-996, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
To revoke probation for failure to comply with the condition to pay child support, the State has burden to prove by a preponderance 1) less than full payment, and 2) the less than full payment was made recklessly, knowingly, or intentionally, which requires the State to prove the probationer’s ability to pay.
McWhorter v. State, No. 33A05-1010-PC-685, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
When defendant admitted he broke into a home without permission, his statement that he was confused about where he was at the time did not amount to an avowal of innocence preventing a guilty plea.