A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
Appeals
J.B. v. State, No. 49A02-1409-JV-688, __ N.E.3d __ (Ind. Ct. App., April 23, 2005).
Police officer’s temporary detention of juvenile on sidewalk to investigate whether item juvenile had discarded was a handgun was a reasonable action under the totality of the circumstances and did not violate the Indiana Constitution’s search protection in Article 1, Section 11.
Smith v. Foegley Landscape, Inc., No. 71A03-1405-SC-169, __N.E.3d __ (Ind. Ct. App., April 20, 2015).
Submitting an affidavit for attorney’s fees that merely states that as a result of representation plaintiff incurred costs and legal expenses related to the litigation is not enough; the affidavit should contain information concerning the nature of services so the court can evaluate the reasonableness of the fees.
Babchuk v. Indiana University Health Tipton Hospital, Inc., No. 80A04-1409-PL-447, __N.E.3d __ (Ind. Ct. App., April 22, 2015).
It is the defendant’s burden to timely file a T.R. 41(E) motion to dismiss before the plaintiff resumes prosecution.
Woodcox v. State, No. 15A05-1410-CR-468, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2015).
When judgment of conviction was for an A felony but the entry of judgment was for a B felony, defendant’s motion to correct erroneous sentence was properly denied and a nunc pro tunc entry of judgment for an A felony was ordered on remand.