Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.
Supreme
R.J.G. v. State, No. 64S04-0809-JV-483, __ N.E.2d __ (Ind., Mar. 10, 2009)
[A] juvenile court may order a commitment to the Department of Correction and, in the same order, provide for probation following release from the Department of Correction.
St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)
Plea agreement for state to “recommend†a fixed sentence was not an “open†plea leaving the trial court with discretion on sentence.
Pelley v. State, No. 71S05-0808-CR-446, __ N.E.2d __ (Ind., Feb. 19, 2009)
Criminal Rule 4(C)’s one-year limitation does not include the time during which trial proceedings have been stayed pending interlocutory appeal. Appointment of a special prosecutor was not required under an appearance of impropriety standard when circumstances indicated regular prosecutor had no actual conflict.
State v. Brown, No. 38A05-0810-CR-573, __ N.E.2d __ (Ind. Ct. App., Feb. 9, 2009)
After officers had completed their response to a complaint about a noisy party and were leaving the site, their demand to see the license of a motorist who was arriving at the party was an unreasonable search under the Indiana Constitution.