Under legislation amended in 2015, if the offender was released more than ten years before the current offense the conviction does not count for habitual offender purposes.
Criminal
Burnett v. State, No. 49A02-1610-CR-2402, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
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.