The trial court erred when it failed to consider structured settlement payments in its calculation of gross income for the purposes of child support.
M. Robb
McKinley v. State, No. 49A02-1502-CR-78, ___ N.E.3d ___(Ind. Ct. App., Oct. 6, 2015).
Instructing the jury that defendant could be convicted under I.C. § 35-48-4-1(a)(2)(C) for “knowingly” possessing cocaine with intent to deliver was not fundamental error, although defining “intent to deliver” may have been preferable.
Reef v. Asset Acceptance, LLC, No. 49A05-1501-CC-3, __ N.E.3d __ (Ind. Ct. App., Sept. 11, 2015).
When a party failed to properly designate evidence in support of its motion for summary judgment, the trial court’s award of summary judgment was inappropriate.
Gross v. State, No. 41A01-1411-CR-467, ___ N.E.3d ___ (Ind. Ct. App., Aug. 14, 2015).
Due process required dismissal of charges against incompetent defendant, when he had been certified unlikely to be restored to competence and had been committed for longer than his maximum possible sentence less credit time.
Wertz v. State, No. 48A04-1409-CR-427, __ N.E.3d __ (Ind. Ct. App., July 7, 2015).
“GPS device is similar in nature to a computer or cell phone, and that such a device cannot be treated as a ‘container’ that may be searched pursuant to the automobile exception to the warrant requirement.”