Legislature intended that inmate’s left-over educational credit time after his release on parole would not still be available to him when his parole was revoked and he returned to prison.
Appeals
Lock v. State, No. 35A04-1010-CR-641, __ N.E.2d __ (Ind. Ct. App., July 26, 2011).
Evidence defendant’s motorcycle was going 43 miles per hour did not prove its “maximum design speed” was 25 miles per hour or more, a “design speed” the State had to prove in order to show defendant was operating a “motor vehicle” rather than a “motorized bicycle” so that defendant was guilty of driving while suspended.
Lechien v. Wren, No. 48A02-1007-DR-882, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2011).
“[R]epudiation is not a release of a parent’s financial responsibility for the payment of child support and is not an acceptable justification to abate support payments for a child less than twenty-one years of age.”
Johnson, et al v. Sullivan et al, No. 82A05-1102-MI-108, ___ N.E.2d ____ (Ind. Ct. App. July 27, 2011).
“[E]vidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act.”
Hawkins v. State, No. 79A02-1101-CR-100, __ N.E.2d __ (Ind. Ct. App., July 18, 2011).
Sentence modification statute’s 365 day period in which judge may modify without prosecutor agreement starts when original sentence is imposed and is not “reset” with a resentencing.