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.
Appeals
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).
Kimbrough v. State, No. 20A03-0901-CR-29, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2009)
Determinations of defendant’s ability to pay fines, court costs, and public defender fund reimbursement were not required at sentencing when the payments were deferred until post-sentence events. When victim had obtained a civil judgment against defendant prior to sentencing, trial court might have to adjust restitution order to avoid double recovery for victim.