In order to place a defendant in Purposeful Incarceration, the trial court must state in the Abstract of Judgment that, after successful completion of an appropriate therapeutic program, the court will consider a petition to modify defendant’s sentence.
Criminal
In re: Petition for Expungement of the Conviction Records of B.S., No. 02A05-1710-XP-2262, __ N.E.3d __(Ind. Ct. App., March 5, 2018).
Although the expungement statute does not specifically mention PCR records, the intent behind the statute is to allow the petitioner to return to his or her former state without stigma so PCR records can be expunged.
D.Z. v. State, No. 32A05-1708-JV-1907, __ N.E.3d __ (Ind. Ct. App., Feb. 22, 2018).
Because the school official and police officer employed by the school acted in concert in obtaining incriminating statements from the student, and both were aware of the probability of criminal charges, the student should have been advised of his Miranda rights.
Robinson v. State, No. 18S-CR-33, __ N.E.3d __ (Ind., Feb. 23, 2018).
The sentence imposed by the trial court, including the habitual substance offender enhancement, is not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.
McCallister v. State, No. 87S00-1609-LW-497, __ N.E.3d __ (Ind., Feb. 15, 2018).
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.