Galloway v. State, No. 33S01-1004-CR-163, __ N.E.2d __ (Ind., Dec. 22, 2010)

Reverses bench trial rejection of insanity defense because, despite “nonconflicting expert and lay opinion that defendant . . .was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system.”

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Belmares-Bautista v. State, No. 57A04-1003-CR-223, __ N.E.2d __ (Ind. Ct. App., Dec. 22, 2010)

When defendant made no claim that Spanish language documents he read erroneously translated a standard advisement of the right to counsel or that he did not understand the advice, he failed to show his waiver of counsel was not knowing, voluntary, and intelligent.

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Jones v. State, No. 32A04-1004-CR-309, __ N.E.2d __ (Ind. Ct. App., Dec. 27, 2010)

Reverses order for $1322.60 jury fee, as statute authorizes no more than $2 as a jury fee. Remands for ability to pay determination as required by statute for order requiring payment of $4527 appointed counsel fee and $164 docket fee.

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In re M.F., No. 21A04-1002-JP-84, ___ N.E.2d ____ (Ind. Ct. App., Dec. 27, 2010)

Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.

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Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)

Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.

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