Seventeen-year-old defendant’s LWOP sentence for murder and conspiracy to commit murder reduced to an aggregate eighty-year term.
Criminal
Polk v. State, No. 49A02-1703-CR-622, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2017).
When a person is placed on probation for a felony conviction, the trial court is statutorily required to impose probation fees and may not direct the probation department to conduct a financial assessment. The trial court must also conduct an indigency hearing.
Whitaker v. State, No. 49A02-1706-CR-1162, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).
The trial court, not the probation department, has the sole discretion to impose probation fees under Ind. Code § 35-38-2-1(e) and Ind. Code § 35-38-2-1.7(b).
Edmonson v. State, No. 84A01-1609-PC-2150, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2017).
Defendant’s PCR petition was not barred by the doctrine of laches because State failed to show prejudice; however, he was properly denied relief because the trial court was not required to advise him of collateral consequences of his guilty plea.
W.R. v. State, No. 17A03-1703-XP-571, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2017).
Trial court did not abuse its discretion in refusing to expunge drug-dealing convictions because petitioner’s job includes going into businesses and the nature of the convictions might be relevant to businesses deciding whether to exclude petitioner from their premises.