Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.
Appeals
Curtis v. State, No. 49A02-0911-CR-1106, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Where it is undisputed that defendant will never recover from his mental illness and will never become competent to stand trial, it was a violation of due process to deny his motion to dismiss the criminal charges pending against him.
State v. Brunner, No. 57A04-1003-CR-121, ___ N.E.2d ___ (Ind. Ct. App., Aug. 6, 2010)
Indiana Code § 35-50-2-7(b) did not authorize the trial court to grant Defendant’s request – nine years after the trial court’s entry of judgment – to reduce his Class D felony conviction to a Class A misdemeanor.
Wilson v. State, No. 49A02-1001-CR-60, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2010)
(1) Because State’s request to amend the charging information the day before trial was made under the amended version of Ind. Code § 35-34-1-5, Defendant’s failure to request a continuance to prepare his defense resulted in a waiver of the issue for appellate review; (2) although trial court should have redacted unrelated character evidence from Defendant’s BMV record, Defendant failed to prove that the admission of the evidence made a fair trial impossible.
D.H. v. State, No. 49A05-1002-JV-92, ___ N.E.2d ___ (Ind. Ct. App., Aug. 11, 2010)
Student who threw a punch at another student but instead hit his teacher committed the equivalent of battery against his teacher under the doctrine of transferred intent.