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Case Clips

Published by the Indiana Office of Court Services

E. Brown

Barcroft v. State, No. 49A05-1704-CR-844, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).

December 29, 2017 Filed Under: Criminal Tagged With: Appeals, E. Brown, E. Najam

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).

November 27, 2017 Filed Under: Criminal Tagged With: Appeals, E. Brown

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).

November 27, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

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).

November 20, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

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).

September 5, 2017 Filed Under: Criminal Tagged With: Appeals, E. Brown

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.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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