“Because the trial court had established a duty to support the children in a court order issued prior to July 1, 2012 and the children were younger than twenty-one years of age, Mother was entitled to file her petition for post-educational expenses based on I.C. § 31-16-6-6(a) & (c).”
E. Brown
Hale v. State, No. 25A04-1301-CR-15, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.
Redington v. State, No. 53A01-1210-CR-461, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Rejects challenges based on the Indiana Constitution to the statutory procedure for retaining firearms of a “dangerous” person and concludes that evidence supported the trial court’s finding the respondent was “dangerous” so that his fifty-one firearms should be retained by the police.
Wilson v. State, No. 88A01-1301-CR-2, __ N.E.2d __ (Ind. Ct. App., May 31, 2013).
Finding of contempt was not an abuse of discretion when woman had been granted use and derivative use immunity.
Sowers v. State, No. 08A02-1208-CR-640, __ N.E.2d __ (Ind. Ct. App., May 16, 2013)
In this case, improper communication between bailiff and foreperson was fundamental error.