The better practice is to follow the statutory commitment procedures concerning competence to stand trial, but here the trial court did not err in not using those procedures where the defendant’s dementia left no hope that competency could be restored.
M. Barnes
Banks v. Banks, No. 45A03-1203-DR-96,___ N.E.2d ___ (Ind. Ct. App., Dec. 14, 2012).
Trial court did not abuse its discretion in modifying and reducing spousal maintenance obligation based on changes in the parties’ respective finances, even when there was no improvement in the medical condition of the party receiving maintenance.
Garcia v. State, No. 20A04-1202-CR-257, __ N.E.2d __ (Ind. Ct. App., Oct. 9, 2012).
For purposes of C felony criminal recklessness by shooting a firearm into a “place where people are likely to gather,” a motor vehicle can be such a “place.”
Bean v. State, No. 91A02-1109-CR-906, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2012).
Among factors leading to conclusion there was Miranda custody was the giving of Miranda rights, defendant’s invocation of those rights, and police failure to comply with them, notwithstanding continued police assurances during lengthy questioning that defendant was free to leave whenever he wished.
City of Indianapolis v. Buschman, No. 49A02-1108-CT-782, ___ N.E.2d ___ (Ind. Ct. App., June 26, 2012).
When a claimant’s tort claim notice contains a specific and definitive assessment of loss, recovery is limited to the loss described in the original notice, and if additional losses are discovered after the notice has been submitted then the claimant should amend the original notice or submit another notice in a timely manner.