Tort claims related to an estate can be brought in civil court, if the claims at issue were not known until after the probate court statute of limitations has passed.
M. May
In re the Civil Commitment of L.J., No. 18A-MH-152, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
A blanket CB order approving all recommendations and findings of a magistrate, commissioner and/or referee does not make a magistrate, commissioner and/or referees’ orders final.
Hummel v. State, No. 75A03-1710-PC-2449, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2018).
A PCR court has the authority to accept agreements that modify the sentence in the underlying criminal case, whether that judge is an elected judge, a judge pro tempore, or a special judge. Once accepted, the State is bound by the terms of that agreement
Schmitt v. State, No. 83A04-1711-CR-2720, __ N.E.3d __ (Ind. Ct. App., Sept. 10, 2018
Courts are no longer statutorily required to have prosecutorial consent to modify a sentence, but if it makes a preliminary determination that it would grant a petition to modify it should request documentation from the DOC and hold a hearing on the petition.
Seo v. State, No. 29A05-1710-CR-2466, __ N.E.3d __ (Ind. Ct. App., Aug. 21, 2018).
Compelling defendant to unlock her iPhone, under the threat of contempt and imprisonment, is constitutionally prohibited by the Fifth Amendment because revealing or using the passcode to do so is a testimonial act. The State must describe with reasonable particularity the information it seeks to compel defendant to produce and why.