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.
E. Najam
Jackson v. State, No. 82A04-1609-CR-2074,__ N.E.3d __ (Ind. Ct. App., Oct. 5, 2017).
The trial court committed fundamental error when it permitted the State to amend the charge on the criminal gang enhancement so that the charge no longer stated an offense under Indiana law.
J.G. v. State, No. 43A03-1705-JV-957, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2017).
Juvenile was entitled to counsel at the dispositional modification hearing.
Estate of Kent v. Kerr, No. 55A01-1612-ES-2907, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2017).
Prior to the decedent’s death, Ind. Code § 29-1-9-1 permits the prospective beneficiaries of a future inheritance to execute a family settlement agreement to determine their anticipated rights or interests in the decedent’s estate.
De La Cruz v. State, No. 49A05-1610-CR-2417, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
Only the trial court, not the probation department, has the authority to assess probation fees against a defendant.