Applying the intent-effects test, no ex post facto violation occurred when defendant committed the underlying offense in Illinois before Indiana’s definition of sex offender had been amended to include an obligation to register as a sex offender.
Appeals
State v. Timbs, No. 27A04-1511-MI-1976, __ N.E.3d __ (Ind. Ct. App., Oct. 20, 2016).
Forfeiture of a vehicle worth four times the amount of the maximum fine of the crime was excessive.
Davis v. Phelps, No. 03A01-1604-PL-928, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2016).
At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.
McKeen v. Turner, No. 53A05-1511-CT-2047, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2016).
“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”
Sturdivant v. State, 08A02-1601-CR-186, __N.E.3d__ (Ind. Ct. App., Sept. 28, 2016).
Trial courts are in the best position to assess the competency of criminal defendants and the knowingness and intelligence of waivers of the right to counsel, and that determination will only be reversed if it was clearly erroneous.