When defendant was convicted of reckless homicide entailing use of a shotgun resulting in the death, imposition of the five year statutory sentence enhancement for use of a firearm did not violate double jeopardy protections.
J. Baker
The Presbytery of Ohio Valley, Inc. v. O.P.C., Inc., No. 82A02-1003-MF-339, __N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)
In church property dispute, Constitution-allowed “neutral principles” approach required trial court to examine church constitutions and similar laws for trust language which might favor ownership by the national church.
Lombardi v. Vandeusen, No. 10A01-0910-CV-491, __ N.E.2d __ (Ind. Ct. App., Nov. 22, 2010)
Trial court erroneously concluded jurisdiction to modify support was not properly with Illinois court under UIFSA; ex parte pre-hearing conference, from which pro se obligee was excluded despite request to attend, at which evidence was discussed and documents were exchanged violated due process and results in opinion’s directing that case be assigned to a different judicial officer on remand.
Booher v. Sheeram, LLC d/b/a Hampton Inn of Elkhart, No. 20A03-1005-CT-338, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
Counsel must file a formal request for an extension of time to respond to a motion for summary judgment, even if opposing counsel has informally agreed to an extension.
State v. J.S., No. 49A02-1004-JV-567, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)
Juvenile court did not err in dismissing delinquency petition after finding the juvenile defendant incompetent to stand trial.