Trial court sentence of three years’ incarceration for one count of child solicitation was not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.
Criminal
Cline v. State, 38A04-1512-XP-2221, __ N.E.3d ___ (Ind. Ct. App., August 15, 2016).
Although a trial court has discretion in granting or denying an expungement petition, it does not extend to a disregard of remedial measures enacted by our lawmakers. Such statutes should be liberally construed to advance the remedy for which they were enacted.
Johnson v. State, 71A04-1605-CR-1042, __ N.E.3d __ (Ind. Ct. App., Sept. 16, 2016).
Driver of car constructively possessed heroin when the driver made furtive gestures when pulled over, the heroin was in close proximity to the driver, and the nature of the space demonstrated that he knew of the nature and presence of the heroin.
Love v. State, No. 71A03-1511-CR-2009, __N.E.3d__ (Ind. Ct. App., Sept. 8, 2016).
Deference will be given to the trial court’s factual determinations unless police video recording indisputably contradicts those findings.
In re J.B., No. 48S02-1604-MI-183, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).
On rehearing, reverses that part of the CHINS court’s order that discharged the parties and terminated the CHINS case and remands this case for further proceedings consistent with the CHINS statutes, including any appropriate services for Mother.