Life without parole sentencing order did not improperly rely upon non-statutory aggravating factors; instead, it explained why the mitigating factors did not outweigh the single statutory aggravating factor alleged and proved.
Criminal
In re Order for Payment of Attorney Fees and Reimbursement of Expenses, No. 48A02-1307-MI-615, __ N.E.3d __ (Ind. Ct. App., Apr. 9, 2014).
State’s obligation to pay costs of representing inmates in prosecutions for offenses committed in correctional facilities includes not just trial expenses but also expenses for appellate representation.
Metzger v. State, No. 02A03-1307-CR-295, __ N.E.3d __ (Ind. Ct. App., Mar.31, 2014).
When a blood draw warrant had been issued for a driver who had refused a breath test, the driver’s refusal to cooperate with the blood draw was properly found to be indirect criminal contempt.
Wilson v. State, No. 27S02-1309-CR-584, __ N.E.3d __ (Ind., Apr. 1, 2014).
“Hybrid” sentence partially concurrent and partially consecutive is not authorized by statute.
Robinson v. State, No. 20S04-1307-CR-471, __ N.E.3d __ (Ind., Mar. 25, 2014).
Affirms trial court’s denial of motion to suppress based on conclusion that defendant’s driving gave officer reasonable suspicion to conduct a traffic stop, when testimony of officer convinced trial judge there was reasonable suspicion of “unsafe lane movement” even though squad car video did not clearly demonstrate defendant went off the road though his car did contact the fog line.