The trial court should have imposed as a condition of probation that the defendant convicted felon was unequivocally prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1). Neither the trial court nor the probation department has authority to grant such permission during the term of probation.
Appeals
State v. Lawson, Inc., No. 60C02-1502-PL-54, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Under the Uniform Fraudulent Transfer Act, husband’s equitable interest in property did not entitle him to the half of the proceeds from the sale of property; a defrauded creditor is entitled to the full value of the fraudulently transferred property at the time of the transfer.
Estate of Benefiel v. Wright Hardware Co., Inc., No. 18A-CT-2527, __ N.E.3d __ (Ind. Ct. App., June 27, 2019).
Trial court abused its discretion in permitting an expert witness to read verbatim into evidence an opinion set forth in an email to the expert witness because it merely served as an improper vehicle to present the otherwise inadmissible hearsay evidence.
Keith v. State, No. 18A-CR-1961, __ N.E.3d __ (Ind. Ct. App., June 20, 2019).
An injury to the mind does not qualify as a bodily injury and may not be used to convict on a Level 1 felony burglary of a dwelling resulting in serious bodily injury.
Berryman v. State, No. 18A-XP-2433, __ N.E.3d __ (Ind. Ct. App., June 21, 2019
The term “conviction” includes a verdict of not responsible by reason of insanity (“NRRI”) for purposes of I.C. 35-38-9-1, and an individual so adjudicated may not have that finding expunged.