When there was no evidence defense discovery of exculpatory witnesses the weekend before trial was in bad faith, and prejudice to State from a continuance was minimal, trial court reversibly erred in denying a continuance and applying instead a hard deadline for the witness list to exclude the witnesses.
Appeals
Lang v. State, No. 67A01-0905-CR-241, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2009)
Under notice-based approach, entry of final judgment, from which time period to file notice of appeal began to run, was not when sentence was announced in court or when posted to the RJO but rather when the judge signed the sentencing order.
Collins v. State, No. 35A02-0902-CR-162 , __ N.E.2d __ (Ind. Ct. App., Aug. 21, 2009)
Probation modification statute permitted addition of special probation conditions without proof of a violation, and as statute is remedial it applied to probation imposed before its adoption.
Walker v. Nelson, No. 49A05-0903-CV-138, ___ N.E.2d ___ (Ind. Ct. App., Aug. 14, 2009)
When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.
In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009
Trial court abused its discretion when it modified custody because of Mother’s relocation without considering all of the factors required by Indiana Code section 31-17-2.2-1(b).