The evidence, including surveillance video and phone conversations, supported jury conviction of murder and conspiracy to commit murder. LWOP sentence was proper as the jury, not the court, weighs the mitigating and aggravating factors.
Criminal
Phipps v. State, No. 28S05-1707-CR-499, __ N.E.3d __ (Ind., Feb. 16, 2018).
Circumstantial evidence may be used to prove intent to violate a protective order and trial courts may weigh ongoing acts of criminal misconduct as an aggravating factor to enhance sentencing.
Brantley v. State, No. 18S-CR-98, __ N.E.3d __ (Ind., Feb. 16, 2018).
Voluntary manslaughter may be brought as a standalone charge with the element of sudden heat as a mitigating factor, which a jury may consider along with claims of self-defense.
State v. Bonds, No. 49A02-1704-CR-770, __ N.E.3d __ (Ind. Ct. App., Feb. 6, 2018).
For a misdemeanor, State does not have the right to demand a jury trial and State’s consent to a bench trial is unnecessary.
Person v. State, No. 49A02-1708-CR-1737, __ N.E.3d __ (Ind. Ct. App., Feb. 7, 2018).
Trial court could not order costs of victim’s public transportation and for her pain and suffering as part of defendant’s restitution.