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| Mata v. State, No. 45A05-0606-CR-317,
COURT OF APPEALS OF INDIANA, May 16, 2007, Decided , May 16, 2007, Filed
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Overview: Defendant's five-year sentence for Class C felony battery was not improper because it was within the crime's sentencing range, and a mitigating circumstance found to be significant was properly considered. It was not error, under Ind. Code § 35-50-5-3(a), to order defendant to pay restitution to the hospital which provided treatment to his victim.
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| Absher v. State, No. 22A01-0610-CR-483,
COURT OF APPEALS OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Amendment of charging information to add two new offense did not amount to fundamental error where defendant failed to show he was prejudiced by tardy amendment, defendant did not assert information prevented him from knowing nature of charges, and defendant asked for, and was granted, continuance to prepare his defense in light of the new charges.
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| Edwards v. State, No. 49S02-0705-CR-202,
SUPREME COURT OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Trial court violated defendant's right to self-representation under the Sixth Amendment, because defendant was found competent to stand trial, and it was reversible error to deny him that right on the ground that he was incapable of presenting his defense.
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| Hightower v. State, No. 49A05-0603-CR-124,
COURT OF APPEALS OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Admission of coconspirator's statements during pretrial hearings did not violate defendant's rights under Confrontation Clause because they were nontestimonial. Evidence defendant failed to refund clients' for early-billed and previously received payments of training that was not completed, corrupt business influence and theft convictions.
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| Kien v. State, No. 20A03-0608-PC-392,
COURT OF APPEALS OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Counsel was not ineffective for failing to present evidence of former girlfriend's vindictive behavior as it was too remote and unrelated. Counsel was not ineffective for failing to challenge victim's competency as 6-year-old victim showed she understood difference between truth and lie, knew she had to tell truth, and knew what true statement was.
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| McPeek v. McCardle, No. 58A01-0609-CV-400,
COURT OF APPEALS OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Marriage between a husband and wife was not void because, under Ind. Code § 31-11-6-1(1), even though the reverend who performed the marriage ceremony in Ohio did not have an Ohio license to solemnize marriages, the couple complied with Indiana's requirements regarding marriage licenses, certificates, and solemnizations.
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| Tompa v. Tompa, No. 44A05-0606-CV-285,
COURT OF APPEALS OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Trial court did not err in modifying legal and physical custody over two minor children in favor of the father; record showed child rearing without such a modification had been a battleground because it was saturated with tensions, lack of communication, and lack of cooperation associated with mother and father's joint legal custody arrangement.
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| Willis v. State, No. 49A02-0611-CR-982,
COURT OF APPEALS OF INDIANA, May 17, 2007, Decided , May 17, 2007, Filed
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Overview: Evidence defendant whipped child with belt or extension cord, was angry when she struck child, and child suffered bruising and pain at time and following day established defendant knowingly and intentionally touched child in a rude, insolent, or angry manner, causing child bodily injury and supported conviction for battery on a child with injury.
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| Snell v. State, No. 02A04-0606-CR-302,
COURT OF APPEALS OF INDIANA, May 18, 2007, Decided , May 18, 2007, Filed
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Overview: When defendant screamed at officers arresting a man, claiming that they were "doing him wrong," her speech was political in nature as an expression of her disagreement regarding police actions. Thus, at her trial for resisting law enforcement and disorderly conduct, it was error to refuse a charge on protected speech under Ind. Const. art. I, § 9.
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