Garcia v. State, No. 45A03-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).

Probable-cause affidavit’s statement that crime victim paid $3,600 for counterfeit coins was insufficient to support restitution order in that amount; facts presented in probable cause affidavits pose a risk of unreliability that the hearsay rule is designed to protect against.

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Pattison v. State, No. 27A05-1411-CR-517, ___ N.E.3d ___ (Ind. Ct. App. Dec. 4, 2015).

Jury instruction in OWI was fundamental error, when it impermissibly shifted burden from State to Defendant on the only contested element.

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Pierce v. State, No. 28A05-1502-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 23, 2015).

Petition to revoke probation based on commission of theft, unlike criminal charge of theft, need not identify the stolen property with specificity.

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Strunk v. State, No. 47A01-1411-CR-487, ___ N.E.3d ___ (Ind. Ct. App., Sept. 15, 2015).

Minor sex-abuse victim properly authenticated Facebook message from defendant to her; she was familiar with appearance of defendant’s Facebook page and had previously communicated with him through Facebook messages.

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Cleveland Range, LLC v. Lincoln Fort Wayne Assoc., LLC, No. 02A05-1503-PL-96, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2015).

T.R. 27 petition to depose witnesses before the initiation of litigation was within the trial court’s discretion, as there was evidence supporting expectations it might be a party to a suit, it seeks to preserve specifically identified facts probative to a key issue, and declining to permit the depositions could result in a failure or delay of justice based on the age of the witnesses.

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