Defendant’s probation was improperly revoked, because State failed to prove that the alleged violation occurred during the probationary period; Court of Appeals would not consider matters outside the record included in the State’s Appendix purporting to show the dates defendant was on probation.
M. Robb
Carmer v. Carmer, No. 49A05-1411-DR-539, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2015).
The trial court erred when it failed to consider structured settlement payments in its calculation of gross income for the purposes of child support.
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.