Sentence modification statute’s 365 day period in which judge may modify without prosecutor agreement starts when original sentence is imposed and is not “reset” with a resentencing.
M. Robb
Price v. Kuchaes, No. 45A04-1007-CT-467, ___ N.E.2d___ (Ind. Ct. App., June 8, 2011)
Plaintiff was divested of standing to pursue his action while his bankruptcy was pending, but the bankruptcy’s dismissal before the trial court ruled on either party’s motion for summary judgment returned ownership of the action to him and plaintiff then had standing to pursue the action.
Ball v. State, No. 06A01-1007-CR-426, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2011)
“Sleep is not equivalent to a mental disability or deficiency for purposes of the sexual battery statute, and therefore, the State’s evidence that Ball’s victim was sleeping when he began kissing her is insufficient to support his conviction for sexual battery.”
Sneed v. State, No. 16A01-1010-CR-544, __ N.E.2d __ (Ind. Ct. App., Apr. 25, 2011)
Limiting bail to full cash deposit only, when trial court did not articulate any reasons for not allowing the surety bond defendant requested, and when record did not indicate defendant was a flight risk, was an abuse of discretion.
Smith v. State, No. 35A02-1008-CR-996, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
To revoke probation for failure to comply with the condition to pay child support, the State has burden to prove by a preponderance 1) less than full payment, and 2) the less than full payment was made recklessly, knowingly, or intentionally, which requires the State to prove the probationer’s ability to pay.