Absent fraud, an agreed judgment is not appealable.
M. Bailey
Holloway v. State, No. 71A04-1508-CR-1292, ___ N.E.3d ___, (Ind. Ct. App. Feb. 18, 2016).
Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.
In re Adoption of A.A., No. 48A02-1505-AD-328, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2016).
The burden of proof on a petition to modify an existing order of grandparent visitation rights is on the petitioner to show the modification is in the best interests of the child.
Kimberly Y. Morgan v. State, No. 34A05-1509-CR-1323, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Amount of restitution awarded to embezzlement victim was abuse of discretion; award included sums an audit revealed were missing but were not shown to be connected to defendant’s conduct, and expenditures to determine the amount of loss.
Jackson v. State, No. 34A02-1505-CR-453, ___ N.E.3d ___ (Ind. Ct. App. Nov. 23, 2015).
Court could not impose maximum sentence based solely on defendant’s conduct unrelated to the circumstances of the crime; sentencing statement was therefore inadequate and required resentencing.