After a guilty verdict or finding, a trial court judge must allow defense counsel to make a meaningful sentencing argument, must advise defendant of the right to speak on his own behalf, and must afford defendant an opportunity to make a statement.
Appeals
Harrison Co. Sheriff’s Dept. v. Ayers, No. 22A01-1605-CT-1080, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
Sheriff’s Department is not vicariously liable for deputy’s actions undertaken in a purely private capacity with no connection to his employment at his home with his gun.
Dumka v. Erickson, No. 20A03-1605-PL-1178, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
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.
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.