The defendant’s sentence of life without parole (LWOP) is proportional considering the severe nature of the crime and his character.
Criminal
Baker v. State, No. 49A02-1605-CR-1154, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2017).
When restitution is ordered as a condition of probation, the trial court must inquire as to defendant’s ability to pay, and if ordered to pay for property damages of the victim, it must be based on the actual cost of repair or replacement.
Ellis v. State, No. 71S05-1606-PC-360, __ N.E.3d __ (Ind., Jan. 26, 2017).
A judge may not accept a plea of guilty when the defendant both pleads guilty and maintains his innocence at the same time.
Shepard v. State, No. 84A01-1606-CR-1309, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Community corrections programs may be managed by counties as well as the Department of Correction, and the trial court properly adopted the program’s disciplinary decision to revoke defendant’s good time credit in the sentencing order.
Taylor v. State, No. 32A05-1608-CR-1720, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2017).
Evidence obtained via a valid search warrant is admissible even though the arresting officer only had an electronic copy at the time of the search.