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.
Criminal
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.
Morgan v. State, No. 84A01-1703-CR-587, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2017).
Ind. Code 35-38-2.6-5, which controls the community corrections program, does not impermissibly delegate judicial authority to the community corrections director; a hearing is required before direct placement in community corrections is revoked.