A defendant imprisoned due to violating the terms and conditions of a drug court is entitled to credit time, but the credit time for any period of sanction imposed by the drug court may be waived by the defendant’s drug court agreement.
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Feb. 25, 2009)
Forgery, based on intent to defraud, cannot be committed by making a representation recklessly without regard to its truth or falsity.
In re the Guardianship of R.M.M., No. 09A02-0808-CV-725, ___ N.E.2d ___ (Ind. Ct. App., Feb. 23, 2009)
Trial court erred in denying incarcerated father’s petition to modify child support; Lambert requires that the child support obligation be based on his current actual earnings and assets.
Smith v. Champion Trucking Co., No. 93A02-0808-EX-701, ___ N.E.2d ___ (Ind. Ct. App., Feb. 25, 2009)
Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.
Kuhn v. State, No. 18A05-0805-PC-257, __ N.E.2d __ (Ind. Ct. App., Feb. 12, 2009)
When pro se post-conviction relief petition raised issues of fact about effective assistance of counsel, the trial court erred when it did not arrange for the petitioner’s participation in the hearing on the issues.