Although the debtor failed to assert the exemption for an IRA, the trial court did not abuse its discretion by taking judicial notice of the exemption and excluding the asset from garnishment.
Appeals
Neal v. IAB Financial Bank, No. 02A03-1604-CT-1002, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2017).
A Good Samaritan who helps a stranded motorist does not have a duty to a motorist harmed by the formerly stranded motorist after aid was rendered.
Baker v. State, No. 49A02-1605-CR-1154, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2017).
When restitution is ordered as a condition of probation, the trial court must inquire as to defendant’s ability to pay, and if ordered to pay for property damages of the victim, it must be based on the actual cost of repair or replacement.
Shepard v. State, No. 84A01-1606-CR-1309, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Community corrections programs may be managed by counties as well as the Department of Correction, and the trial court properly adopted the program’s disciplinary decision to revoke defendant’s good time credit in the sentencing order.
Garner v. Kempf, No. 82A01-1512-PL-2362, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Clerk, a garnishee defendant, is liable when she received a motion for proceedings supplemental to garnish the bond in an unrelated criminal case, and the clerk did not provide notice of the lien in the criminal case.