Even though a wife had filed for divorce from her husband at the time she died, the husband is still allowed to petition for survivor’s allowance pursuant to Ind. Code § 29-1-2-14.
Appeals
Trujillo v. State, No. 71A03-1102-PC-73, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2011).
Defendant who was 52, lived with his mother, and presented no evidence of any spouse or children in the United States failed to establish the ineffective assistance harm element by showing “special circumstances” to support his contention he would not have pled guilty had defense counsel properly advised him of the immigration consequences of his guilty plea.
Rogers v. State, No. 84A01-1104-CR-148, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2011).
Defendant in a sex offender registration prosecution waived any ex post facto objection to the registration offense’s application to him when he pled guilty to the offense pursuant to a plea agreement which conferred benefits on him.
Johnson v. State, No. 71A04-1103-CR-194, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2011).
Indiana probationer, placed in Michigan under Interstate Compact, could not avoid revocation by arguing his arrest and return for probation violation did not comply with Compact provision on probable cause hearing after retaking.
Norris v. Personal Finance, No. 27A04-1104-SC-183, ___ N.E.2d ___ (Ind. Ct. App., Nov. 21, 2011).
Parents of competent adults are not included in the list of persons having authority to accept service under T.R. 4.16; service is not adequate on the home of a competent adult’s parents if that adult does not live at that address.