Savings statute for the revised penal code did not prohibit application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.
Appeals
M.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
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.
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.