Trial court properly granted expungement petition when charges had been dismissed due to evidentiary problem.
T. Crone
Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)
Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.
Cleary v. State, No. 45A03-1212-CR-518, __ N.E.2d __ (Ind. Ct. App., Jan 24, 2014).
When defendant was charged with both greater and lesser included offenses, and the jury hung on the greater offenses but convicted on the lessers, because the trial court did not enter judgment on the lesser I.C. 35-41-4-3 did not bar retrial of the greater offenses.
McKnight v. State, No. 20A03-1109-CR-454, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).
In a footnote, presumes Indiana Supreme Court “has extended application of the prison mailbox rule to the filing of motions to correct error and to regular mail.”
Leedy v. State, No. 49A04-1303-CR-102, __ N.E.2d __ (Ind. Ct. App., Nov. 26, 2013).
Trial court properly found defendant with brain injury incompetent and committed him to the Division of Mental Health and Addiction (“DMHA”) pursuant to Ind. Code § 35-36-3-1.