A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.
Criminal
Archer v. State, No. 49S04-1705-CR-00288, __ N.E.3d __ (Ind., Sept. 6, 2017).
Because the defendant agreed to pay restitution and there is evidence in the record that she is able to work and hopes to secure employment in the future, the trial court did not abuse its discretion in ordering defendant to pay restitution.
Thomas v. State, No. 27S02-1703-CR-170, __ N.E.3d __ (Ind., Sept. 7, 2017).
The totality of evidence must be considered following a traffic stop to establish probable cause to detain an individual suspected of narcotics possession; a canine alert alone is not sufficient.
Pickett v. State, No. 47A01-1612-CR-2900, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2017).
Defendant is entitled to a bifurcated trial with a first phase on murder-related charges before a second phase with presentation of evidence qualifying him as a serious violent felon.
Kirby v. State, No. 34A02-1609-CR-2060, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
The statute prohibiting individuals convicted of certain sex crimes from entering school property is unconstitutional as applied to defendant because it amounts to retroactive punishment in violation of the Ex Post Facto Clause.