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.
M. Bailey
Hale v. State, No. 35A02-1501-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Denial of motion to depose codefendants, though error, was not properly preserved for appeal; when codefendants testified at trial, defendant did not seek to exclude their testimony, renew his request to depose them, or seek a continuance.
Whittaker v. Whittaker, No. 02A03-1503-DR-7, __ N.E.3d __ (Ind. Ct. App, Sept. 21, 2015).
The merits of Husband’s petition for contempt for Wife’s failure to pay sums incorporated in the dissolution decree should have been addressed by the trial court; the obligation was not a fixed money judgment.
Wahl v. State, No. 29A04-1409-CR-418, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
Evidence was sufficient for daycare provider’s involuntary manslaughter conviction for a child in her care. Alternate juror’s misconduct in deliberations was harmless and therefore not grounds for mistrial.
Johnson v. State, No. 48A05-1408-CR-390, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
2014 amendment to sentence-modification statute did not apply retroactively; therefore, defendants’ petitions were properly denied for lack of prosecutorial consent.