An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.
B. Dickson
T.R.W. Vehicle Safety Systems, Inc. v. Moore, No. 73S05-0909-CV-404, __ N.E.2d __ (Ind., Oct. 13, 2010)
Wrongful death damages for dependent child’s loss of father erroneously included period of father’s projected life span after child would be emancipated; remittitur ordered to correct error. When fault had been erroneously attributed to nonparties, retrial of the fault allocation was required.
Baugh v. State, No. 18S04-1007-CR-398, __ N.E.2d __ (Ind., Sept. 29, 2010)
Defendant could not complain that judge erred by determining sexually violent predator status without expert testimony required by statute, since defense counsel invited the error by stating judge would make the determination based on the “doctors’ reports.”
Carr v. State, No. 25S04-1004-CR-219, __ N.E.2d __ (Ind., Sept. 29, 2010)
For purposes of Criminal Rule 4 analysis, “[e]mploying the rhetoric of ‘delay chargeable to the State’ should be avoided.” Detective’s practice of congenially agreeing defendant had a right to the Miranda counsel he asked for and then continuing the interrogation violated the Edwards rule that interrogation must immediately cease after a counsel demand.
Bingley v. Bingley, No. 02S03-1002-CV-122, __ N.E.2d __ (Ind., Sept. 30, 2010)
“[E]mployer-provided health insurance benefits do constitute an asset [subject to division in a dissolution] once they have vested in a party to the marriage.”