An allegedly defamatory statement related to a person’s trade, profession, office, or occupation is not defamatory per se, but the statement must impute a serious level of misconduct in a way that does not require reference to extrinsic facts for context.
P. Mathias
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.
Henderson v. State, No. 34A02-1501-CR-33, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
There is no statutory, constitutional, or common law restriction on court’s discretion to impose consecutive sentences for misdemeanor offenses. However, court must conduct indigency hearing before imposing a fine.
Hale v. State, No. 35A02-1501-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Denial of motion to depose codefendants, though error, was not properly preserved for appeal; when codefendants testified at trial, defendant did not seek to exclude their testimony, renew his request to depose them, or seek a continuance.
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.