Pension survivor benefit was properly included as a marital asset for division.
T. Crone
Rodriguez v. State, No. 20A03-1704-CR-724, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2018).
Court of Appeals affirmed its prior ruling that under Ind. Code § 35-38-1-17(1) a trial court could modify defendant’s sentence, as that section provided a person may not waive the right to sentence modification as part of a plea agreement. A 2018 amendment to that statute may not be applied retroactively.
Trice v. State, No. 18A-CR-697, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2018).
Carrying a handgun without a license does not constitute “misuse” to warrant an order to destroy the handgun.
Gates v. O’Connor, No. 18A-CT-58, __ N.E.3d __ (Ind. Ct. App., Sept. 13, 2018).
Because the designated evidence negates the proximate cause element of the legal malpractice claim, the trial court properly granted summary judgment.
Robinson v. Ind. Dept. of Local Govt. Finance, No. 45A03-1707-PL-1643,__ N.E.3d __ (Ind. Ct. App., April 9, 2018).
Trial court does not have authority to transfer a case to the Tax Court; the case must be dismissed and refiled.