Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.
M. May
Edwards v. State, No. 49A02-0911-CR-1093, __ N.E.2d __ (Ind. Ct. App., July 13, 2010)
Witnesses who testify that the defendant was not present at the scene, as opposed to affirmatively testifying he was at a different place, are not alibi witnesses for whom an alibi notice is required.
A.S. v. State, No. 10A01-0908-JV-423, __ N.E.2d __ (Ind. Ct. App., June 30, 2010)
“[F]ailing to adequately inform a delinquent of her right to counsel is fundamental error.”
M.T. v. State, No. 49A04-0908-JV-484, __ N.E.2d __ (Ind. Ct. App., May 16, 2010)
Due process will not permit revocation of juvenile probation when the State has presented no evidence of the alleged probation violations.
Blakemore v. State, No. 49A02-0907-CR-614, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)
Plea agreement to comply with “the statutory requirements of registering . . . as a sex offender,” when there were no such requirements at the time of conviction, could not justify ex post facto application during probation of subsequently-enacted registration obligation.