The better practice is to follow the statutory commitment procedures concerning competence to stand trial, but here the trial court did not err in not using those procedures where the defendant’s dementia left no hope that competency could be restored.
Appeals
Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).
Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”
Curtis v. State, No. 49A02-1203-MI-271, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
Forfeiture of a vehicle used to sell pirated films is not authorized.
Alden v. State, No. 30A01-1209-CR-412, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
New statutory discretion for a judge to convert a D felony conviction to a Class A misdemeanor conviction does not mandate that a judge order such a conversion.
D.T. v. Ind. Dept. of Child Services, 49A02-1205-JT-420,___ N.E.2d ___ (Ind. Ct. App., Jan. 25, 2013).
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem was not appointed for him during termination of parental rights proceedings.