A trial court must consider a defendant’s ability to pay before entering a restitution order after hearing testimony of inability to pay without rebutting evidence.
Criminal
Griffith v. State, No. 27S00-1503-LW-145, __ N.E.3d __ (Ind., Sept. 29, 2016).
Supreme Court upholds murder, robbery, and conspiracy to commit robbery conviction and sentence of life imprisonment without possibility of parole (LWOP).
Herron v. State, No. 71A04-1602-CR-306, __ N.E.3d __ (Ind. Ct. App., Sept. 30, 2016).
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.
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.