A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.
Criminal
Garrett v. State, No. 49S04-1207-PC-431, __ N.E.2d __ (Ind., Aug. 28, 2013).
“[T]he ‘actual evidence’ test . . . is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury.”
Oney v. State, No. 49S05-1212-CR-668, __ N.E.2d __ (Ind., Aug. 28, 2013).
“Although a defendant who pleads guilty to driving while suspended as a habitual traffic violator may not later challenge the plea contending that an underlying offense has been set aside on grounds of procedural error, a defendant may be entitled to relief where an underlying offense has been set aside on grounds of material error.”
Johnson v. State, No. 49A02-1301-CR-28, __ N.E.2d __ (Ind. Ct. App., Aug. 20, 2013).
Rejects arguments that traffic stop, based on officer’s belief vehicle was in violation of the Window Tint Statute, was illegal under the Indiana Constitution or violated an implicit prohibition in the Statute itself of “unbridled discretion” for police to pull over vehicles with window tint.
Walls v. State, No. 55A05-1211-CR-603, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2013).
Tenants had a sufficient possessory interest in their apartment doors and thresholds and the immediate adjacent areas to request, for criminal trespass purposes, that a person leave those areas and stop banging on their doors.