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.
T. Crone
Ferguson v. O’Brien, No. 49A02-1211-CT-917, __ N.E.2d __ (Ind. Ct. App., Oct. 15, 2013).
The drafter of a will owes a fiduciary duty to intended beneficiaries even though he may not have known their names when he drafted the will.
Palmer v. Sales, No. 45A03-1302-SC-3, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2013).
T.R. 76(C)(5) does not apply to change of judge requests in small claims cases; the change of judge request made pursuant to T.R. 76(C)(1) should have been granted.
Barker v. State, No. 73A01-1212-CR-575, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2013).
“Whether home detention is imposed via a direct placement in a community corrections program or as a condition of probation, its accompanying statutory requirement that the detainee receive credit time militates toward counting it as part of the executed portion of his sentence.”
Harris v. State, No. 39A05-1205-CR-239, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2013).
Indiana “actual evidence” double jeopardy test applies only to convictions, not to acquittals, mistrials, or combinations of the two. Statute of limitations applied to bar amendment adding a new charge following mistrial.