Defendant’s restitution payment is limited to victim’s lost earnings incurred before, and not including, the date of sentencing.
M. May
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.
Scott v. Carrico, No. 59A01-1712-CT-2878, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2018).
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.
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