The trial court properly admitted evidence that the defendant’s daughter’s death was no accident under Evid. Rule 404(b)’s lack-of-accident purpose, even though the defendant did not affirmatively claim mistake or accident.
N. Vaidik
Bullock v. State, No. 49A05-1706-CR-1247, __ N.E.3d __ (Ind. Ct. App., July 5, 2018).
Notwithstanding a CCS entry after a mistrial that contained the word judgment, the court had not entered a judgment of conviction and the defendant could be retried
Horejs v. Milford, No. 45A03-1709-CT-2173, __ N.E.3d __ (Ind. Ct. App., June 14, 2018).
The wrongful death statute precludes the statutory beneficiary who dies before judgment from recovering wrongful death damages when the statutory beneficiary dies with no heirs.
Knutson v. State, No. 12A04-1709-CR-2246, __ N.E.3d __ (Ind. Ct. App., May 31, 2018).
Unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to the general offense-level statute (Ind. Code § 16-42-19-27).
Kirchgessner v. Kirchgessner, No10A01-1710-CP-2309,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Trial court properly granted a T.R. 60(B)(7) motion within a reasonable time, even though it was over 25 years since the judgment was entered.