State v. Mooney, No. 82A04-1505-CR-266, ___ N.E.3d ___ (Ind. Ct. App., Feb. 4, 2016).

BMV was not entitled to relief from judgment letting OWI defendants reinstate drivers’ licenses without proof of SR22 insurance; regardless of merits of the order, BMV failed to make threshold showing of mistake, surprise, or excusable neglect.

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Kunberger v. State, No. 02A03-1505-CR-304, ___ N.E.3d ___ (Ind. Ct. App. Dec. 2, 2015).

Convictions by open guilty plea for criminal confinement, strangulation, and domestic battery did not violate double jeopardy under the actual evidence test. Defendant could not show that all three offenses were based on a single act of strangulation, because his factual basis admitted only the bare elements of each offense, and facts in the probable cause affidavit showed a time span and course of conduct that could have provided separate and distinct facts for each offense.

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Trammell v. State, No. 24A01-1502-CR-51, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).

Defendant’s probation was improperly revoked, because State failed to prove that the alleged violation occurred during the probationary period; Court of Appeals would not consider matters outside the record included in the State’s Appendix purporting to show the dates defendant was on probation.

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Carmer v. Carmer, No. 49A05-1411-DR-539, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2015).

The trial court erred when it failed to consider structured settlement payments in its calculation of gross income for the purposes of child support.

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McKinley v. State, No. 49A02-1502-CR-78, ___ N.E.3d ___(Ind. Ct. App., Oct. 6, 2015).

Instructing the jury that defendant could be convicted under I.C. § 35-48-4-1(a)(2)(C) for “knowingly” possessing cocaine with intent to deliver was not fundamental error, although defining “intent to deliver” may have been preferable.

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