In a footnote, presumes Indiana Supreme Court “has extended application of the prison mailbox rule to the filing of motions to correct error and to regular mail.”
Appeals
Wood v. State, No. 53A05-1208-CR-423 , __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).
Criminal Rule 4(C)’s one year period did not include the time required for the Indiana Supreme Court to appoint a special judge following withdrawal of a case from the trial judge pursuant to Criminal Rule 15 and Trial Rule 53.1. Affirms conviction for violating IC 14-15-4-1 on duties of a boat operator after a collision, but observes the “problematic” statute “permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”
Davis v. Summers, No, 53A01-1305-DR-22, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse.
Weinberger v. Barnes, No. 45A04-1107-CT-369, __ N.E.2d __ (Ind. Ct. App., Dec. 18, 2013).
Ind. Code § 34-51-3-6, the punitive damages statute, does not give the state power to intervene in otherwise private litigation, at any stage in the proceedings.
Carpenter v. State, No. 77A01-1306-CR-293, __ N.E.2d __ (Ind. Ct. App., Dec. 6 ,2013).
Evidence for revocation of probation was insufficient when it did not provide any basis to conclude phenobarbital was taken after period of probation had begun.