Reverses order for $1322.60 jury fee, as statute authorizes no more than $2 as a jury fee. Remands for ability to pay determination as required by statute for order requiring payment of $4527 appointed counsel fee and $164 docket fee.
In re M.F., No. 21A04-1002-JP-84, ___ N.E.2d ____ (Ind. Ct. App., Dec. 27, 2010)
Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.
Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)
Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.
Norwood v. State, No. 49A04-1004-CR-212, __ N.E.2d __ (Ind. Ct. App., Dec. 15, 2010)
Subsequent protective order superseded initial ex parte protective order, so when regular protective order had expired protective order subject could not be guilty of invasion of privacy based on the ex parte order.
Hurst v. State, No. 49A02-1004-CR-378, __ N.E.2d __ (Ind. Ct. App., Dec. 16, 2010)
Showing the police his eleven year-old’s text message and photograph of purported marijuana in stepfather’s house sufficiently corroborated the reliability of father’s report to police of the daughter’s message to support a search warrant for the house.