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).
E. Brown
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.
Durden v. State, No. 49A02-1701-CR-188, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
Even though defense counsel agreed to removal of a juror after deliberations had begun, where the record did not show that the removal was justified, the conviction must be reversed and a new trial held.
Abney v. State, No. 34A02-1608-CR-1746, __ N.E.3d __ (Ind. Ct. App., June 22, 2017).
A judge is not required to recuse because an attorney in the case is involved in the judge’s judicial campaign unless an objective person, knowledgeable of all the circumstances, would have a rational basis for doubting the judge’s impartiality.