Children of a parent who provides love, care, and affection, but no financial or non-financial support, are not dependent children pursuant to the Wrongful Death Act.
J. Baker
Nicoson v. State, No. 32A04-0905-CR-241, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2010)
Indiana Constitution’s double jeopardy protection permits defendant’s conviction of criminal confinement with a deadly weapon to be enhance for the use of a firearm.
Hoeppner v. State, No. 52A04-0908-CR-494, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2009)
Modifies probation condition requiring polygraph exam.
Miller v. State, No. 09A02-0812-CR-1133, __ N.E.2d __ (Ind. Ct. App., Oct. 30, 2009)
Reverses for “demonstrative” use of video in final argument, when video was not in evidence and would have probably been inadmissible, was prejudicial, and pertained only to an undisputed issue.
Gerber v. State, No. 02A03-0902-CR-73, __ N.E.2d __ (Ind. Ct. App., Aug. 28, 2009)
Gerber v. State (Ind. Ct. App., May, J.) – Expungement statute does not require petitioner to wait until limitations period for dismissed charge has run, and trial judge erred in summarily dismissing expungement petition on that basis; on remand, prosecutor is not authorized to participate due to failure to have filed a notice of opposition.