When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Appeals
Bigger v. State, No. 02A03-1308-CR-315, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
While no statutes or case law appear to require formal pleading of the defense of abandonment, “[w]e deem necessary the assertion of the defense in some manner.”
Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)
Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.
Corbally v. State, No. 41A04-1304-CR-175, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2014).
Testimony by police investigator of victim’s statement to investigator was inadmissible hearsay, and while defendant withdrew his hearsay objection he did not waive the objection under the circumstances
Moss v. State, No. 49A02-1307-CR-618, __ N.E.3d __ (Ind. Ct. App., Mar. 20, 2014).
When defendant had his prior felony conviction reduced to a misdemeanor, after he was charged in this case with C felony handgun without a license based on the prior felony, his motion to dismiss the C felony should have been granted even though he had the prior felony conviction when the handgun offense was committed.