Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Feb. 25, 2009)

Forgery, based on intent to defraud, cannot be committed by making a representation recklessly without regard to its truth or falsity.

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In re the Guardianship of R.M.M., No. 09A02-0808-CV-725, ___ N.E.2d ___ (Ind. Ct. App., Feb. 23, 2009)

Trial court erred in denying incarcerated father’s petition to modify child support; Lambert requires that the child support obligation be based on his current actual earnings and assets.

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Smith v. Champion Trucking Co., No. 93A02-0808-EX-701, ___ N.E.2d ___ (Ind. Ct. App., Feb. 25, 2009)

Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.

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Kuhn v. State, No. 18A05-0805-PC-257, __ N.E.2d __ (Ind. Ct. App., Feb. 12, 2009)

When pro se post-conviction relief petition raised issues of fact about effective assistance of counsel, the trial court erred when it did not arrange for the petitioner’s participation in the hearing on the issues.

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St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)

Plea agreement for state to “recommend” a fixed sentence was not an “open” plea leaving the trial court with discretion on sentence.

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