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Case Clips

Published by the Indiana Office of Court Services

Collins v. State, No. 35A02-0902-CR-162 , __ N.E.2d __ (Ind. Ct. App., Aug. 21, 2009)

August 28, 2009 Filed Under: Criminal Tagged With: Appeals, C. Bradford

Probation modification statute permitted addition of special probation conditions without proof of a violation, and as statute is remedial it applied to probation imposed before its adoption.

Alvey v. State, No. 82S01-0902-CR-66, __ N.E.2d __ (Ind., Aug. 24, 2009)

August 28, 2009 Filed Under: Criminal Tagged With: F. Sullivan, Supreme, T. Boehm

A defendant whose motion to suppress is denied cannot plead guilty and then appeal the denial of his motion, even if his plea agreement provides for it.

Walker v. Nelson, No. 49A05-0903-CV-138, ___ N.E.2d ___ (Ind. Ct. App., Aug. 14, 2009)

August 28, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown, T. Crone

When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.

In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009

August 28, 2009 Filed Under: Civil Tagged With: Appeals, P. Mathias

Trial court abused its discretion when it modified custody because of Mother’s relocation without considering all of the factors required by Indiana Code section 31-17-2.2-1(b).

Kimbrough v. State, No. 20A03-0901-CR-29, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2009)

August 14, 2009 Filed Under: Criminal Tagged With: Appeals, J. Baker

Determinations of defendant’s ability to pay fines, court costs, and public defender fund reimbursement were not required at sentencing when the payments were deferred until post-sentence events. When victim had obtained a civil judgment against defendant prior to sentencing, trial court might have to adjust restitution order to avoid double recovery for victim.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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