Counsel should have advised defendant to not accept a plea agreement that waived his appellate rights when he received no benefit for the waiver; therefore, that waiver is severed from the plea agreement and he may appeal his sentence.
E. Brown
Barcroft v. State, No. 49A05-1704-CR-844, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Trial court erred in finding defendant guilty but mentally ill when it rejected the findings of three mental-health experts and relied on demeanor evidence that had no probative value on the question of her sanity.
Whitaker v. State, No. 49A02-1706-CR-1162, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).
The trial court, not the probation department, has the sole discretion to impose probation fees under Ind. Code § 35-38-2-1(e) and Ind. Code § 35-38-2-1.7(b).
In re Unsupervised Estate of Owsley, No. 49A02-1701-EU-207, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).
Because the victims of the civil rights action are the decedent’s survivors, not the decedent himself, no estate needed to be open for the sole purpose of pursuing a federal civil rights action.
Buskirk v. Buskirk, No. 06A01-1610-DR-2296, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2017).
Contract between husband and wife, on keeping their property and income separate, entered into after marriage disagreement, was an enforceable reconciliation agreement made with valid consideration.