Indiana capital procedures do not authorize court to impose a term of years as a back-up sentence in case death penalty is reversed.
C. Bradford
In re N.S. and J.M., No. 32A05-0902-JV-78, ___ N.E.2d ___ (Ind. Ct. App., June 30, 2009)
Trial court erred by ordering that DCS pay the GAL fees associated with the underlying CHINS proceedings; Indiana Code §§ 31-40-3-2 and 33-24-6-4 require that the county, not DCS, is responsible for the GAL fees.
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Apr. 7, 2009)
[W]hile a defendant’s knowledge of the falsity of the instrument may be relevant to show intent to defraud, it is not an essential element of forgery.
Deutsche Bank Nat'l Trust Co. v. Mark Dill Plumbing Co., No. 87A01-0807-CV-307, ___ N.E.2d ___ (Ind. Ct. App., Mar. 25, 2009)
Trial court did not err in denying mortgage owner’s request for a “strict foreclosure” where mortgage owner failed to make junior lienholders parties to the foreclosure action.
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Feb. 25, 2009)
Forgery, based on intent to defraud, cannot be committed by making a representation recklessly without regard to its truth or falsity.