State’s failure to introduce conditions of probation into evidence was not the “better practice” and “runs the risk of not satisfying” the standard of review for probation revocation; however, probationer’s admission to unlawful conduct (smoking marijuana) after release from prison supported revocation.
R. Pyle
Amphonephong v. State, No. 02A03-1402-CR-88, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
Order granting permission to file belated Notice of Appeal under Post-Conviction Rule 2(1) need not include specific findings about the defendant’s diligence or lack of fault.
Hatchett v. State, No. 49A02-1408-CR-561, ___ N.E.3d ___ (Ind. Ct. App., May 28, 2015).
Jury was correctly instructed on invasion of privacy; but under actual-evidence test for double jeopardy, one phone call could support only one invasion of privacy conviction, even though it violated both a protective order and a no-contact order.
City of Fort Wayne v. Parrish, No. 02A05-1408-CT-359, __N.E.3d __ (Ind. Ct. App., May 19, 2015).
A violation of the Seatbelt Act may not be used to prove contributory negligence.
Smith v. Foegley Landscape, Inc., No. 71A03-1405-SC-169, __N.E.3d __ (Ind. Ct. App., April 20, 2015).
Submitting an affidavit for attorney’s fees that merely states that as a result of representation plaintiff incurred costs and legal expenses related to the litigation is not enough; the affidavit should contain information concerning the nature of services so the court can evaluate the reasonableness of the fees.