After a guilty verdict or finding, a trial court judge must allow defense counsel to make a meaningful sentencing argument, must advise defendant of the right to speak on his own behalf, and must afford defendant an opportunity to make a statement.
Criminal
Wampler v. State, No. 14S05-1701-CR-37, __ N.E.3d __ (Ind., Jan. 25, 2017).
Even where a trial court has not abused its discretion in sentencing, the Indiana Constitution and Appellate Rule 7(B) authorizes revision of a sentence if it is inappropriate in light of the nature of the offense and the character of the offender.
Shoun v. State, No. 20S00-1601-LW-00061, __ N.E.3d __ (Ind., Jan. 25, 2017).
The defendant’s sentence of life without parole (LWOP) is proportional considering the severe nature of the crime and his character.
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.