Where the state charged the defendant with obstruction of justice citing the wrong provision of that statute, defendant’s motion for directed verdict should have been granted.
Criminal
Coleman v. State, 49A02-1511-CR-1999, __N.E.3d__ (Ind. Ct. App., Sept. 21, 2016).
Trial court must hold an indigency hearing before imposing a public defender fee, probation fee, or drug and alcohol treatment fee.
Bess v. State, No. 09S02-1609-CR-484, __ N.E.3d __ (Ind., Sept. 14, 2016).
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.
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.