The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
Criminal
Middleton v. State, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 21, 2017).
In an ineffective assistance of counsel claim, a petitioner need only show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.
State v. McHenry, No. 35A04-1609-CR-2080, __ N.E.3d __ (Ind. Ct. App., April 12, 2017).
The state may not elevate a charge to burglary while armed with a deadly weapon for an individual who obtains a handgun as loot during the course of a burglary.
Maciaszek v. State, No. 43A03-1512-CR-2355, __ N.E.3d __ (Ind. Ct. App., April 10, 2017).
Defendant serving sentences in multiple jurisdictions is entitled to presentence credit for actual time served, and good time credit for the time he spent in Indiana awaiting trial on the Indiana charges.
State v. Smith, No. 45S05-1611-CR-572, __ N.E.3d __ (Ind., March 28, 2017).
Defendant’s plea agreement foreclosing the possibility of sentence conversion was not altered by a subsequent statute allowing courts to modify a post-sentence conviction.