Guardians of incapacitated persons do not have authority to petition for dissolution of marriage on the incapacitated person’s behalf.
P. Mathias
Finfrock v. Finfrock, No. 64A05-1209-DR-489, __ N.E.2d __ (Ind. Ct. App., May 29, 2013).
Child support arrearage is not a debt as defined in the Federal Debt Collection Practices Act.
Brock v. State, No. 79A04-1208-CR-433, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2013).
Consecutivity for intimidation sentence enhanced with habitual offender status and for “progressive penalty statute” enhanced second-conviction auto theft did not violate the prohibition of “double enhancement” when the enhancements were not based on the same prior felony conviction.
Young v. State, No. 20A04-1112-CR-699, __ N.E.2d __ (Ind. Ct. App., Dec. 11, 2012).
When victim had come to the fire station on her own and was being treated by firemen, her statements in response to firefighters’ questions were not “testimonial” under the Crawford Confrontation Clause rule.
Teague v. State, No. 89A01-1202-CR-86, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2012).
Holds under the facts in this case that “a 911 recording that involves statements by a caller that were relayed from a victim [were] admissible where the victim had personal knowledge of the underlying incident but the caller did not,” on the basis that the caller’s frame of mind and lack of opportunity to reflect qualified her 911 statements as excited utterances.