Trial court should impose a narrower internet restriction that is more in line defendant’s crime rather than a complete internet ban.
Appeals
Mathews v. State, No. 01A02-1601-CR-104, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2016).
A party seeking judicial recusal must properly bring a Criminal Rule 12 motion, and is not entitled to relief based solely on obligations under the Code of Judicial Conduct.
Yeager v. Deutsche Bank Nat’l Trust Co., No. 22A04-1604-MF-727, __N.E.3d__ (Ind. Ct. App., Dec. 6, 2016).
In a mortgage foreclosure, a trial court must hold a hearing or to otherwise obtain information to determine the amount of the defendant’s provisional monthly payment.
Anderson v. State, No. 49A02-1511-CR-1947, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2016).
Handgun found in coat pocket of a coat removed when defendant stepped out of his car was improperly admitted into evidence because search was not lawful as incident to arrest or as an inventory search.
In re Commitment of M.E., No. 27A02-1605-MH-987, __N.E.3d__ (Ind. Ct. App., Nov. 23, 2016).
That an individual appeared at a hearing with counsel is insufficient to prove service; service and proof of service is required for all civil commitment cases.