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.
M. Bailey
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.
Wilford v. State, No. 49A02-1408-CR-534, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
Impound of defendant’s borrowed car—and thus pre-towing inventory search—was proper despite no evidence of police department’s impound policy; car had multiple equipment problems making it unsafe and unlawful to drive away from parking lot where traffic stop occurred.