Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.
M. May
In re Ma.H, No. 18A-JT-1296, __ N.E.3d __ (Ind. Ct. App., Feb. 18, 2019).
The requirement that Father admit molesting child to complete sex offender treatment violates Father’s Fifth Amendment right against self-incrimination; the trial court’s reliance on his refusal to so admit as proof that his parental rights should be terminated violates his Fourteenth Amendment right to due process.
Fields v. Safway Group Holdings, LLC, No. 18A-CT-314, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2019).
Trial court properly granted TR 60(B)(8) motion because equitable considerations can constitute the exceptional circumstances required to grant the motion.
Akehurst v. State, No. 18A-CR-214, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2018).
Defendant’s restitution payment is limited to victim’s lost earnings incurred before, and not including, the date of sentencing.
Ervin v. State, No. 18A-CR-965, __ N.E.3d __ (Ind. Ct. App., Nov. 28, 2018).
Defendant could not have been acting in defense of his property or others as he was not in a place he was allowed to be, so the jury instruction on property defense was properly denied.