When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”
Appeals
Sexton v. Sexton, No. 34A02-1111-DR-01059, ___ N.E.2d ___ (Ind. Ct. App., June 8, 2012).
Public Law 111-2012 will modify the presumptive age for termination of child support, but it will not alter a child’s ability to obtain educational support except for amending the time frame in which certain children may seek educational support.
Horner v. Carter, No. 34A02-1111-DR-1029, ___ N.E.2d ___ (Ind. Ct. App., June 13, 2012).
“Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses.”
Ervin v. State, No. 29A05-1109-CR-454, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012
Trial court properly concluded that evidence should not be suppressed as Ind. Code § 9-30-2-2 was not implicated. The statute provides that an officer may not arrest a person “for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway” unless the officer is in uniform or a marked police vehicle, but defendant was not arrested for violating a law regulating the use of a motor vehicle.
Termination of Parent-Child Rel. of D.K., No. 22A01-1110-JT-485, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012).
“Evidence Rule 201(b) now allows trial courts to take judicial notice of records of other court proceedings, but if a court does so, there must be some effort made to include such ‘other’ records in the record of the current proceeding.”