To revoke probation for failure to comply with the condition to pay child support, the State has burden to prove by a preponderance 1) less than full payment, and 2) the less than full payment was made recklessly, knowingly, or intentionally, which requires the State to prove the probationer’s ability to pay.
Criminal
McWhorter v. State, No. 33A05-1010-PC-685, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
When defendant admitted he broke into a home without permission, his statement that he was confused about where he was at the time did not amount to an avowal of innocence preventing a guilty plea.
Green v. State, No. 49A05-1006-CR-382, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
Defendant committed forgery when he used another person’s credit card at an electronic point of sale terminal and electronically signed the other person’s name on a credit card receipt.
Murphy v. State, No. 18S02-1103-CR-142, __ N.E.2d __ (Ind., Mar. 10, 2011)
Adopts Court of Appeals decision that the trial court is the authority to determine whether a defendant is entitled to educational credit time earned in the jail while awaiting trial and sentencing.
Hall v. State, No. 25A05-1008-CR-534, __ N.E.2d __ (Ind. Ct. App., Mar. 15, 2011)
Where defendant was confined prior to trial on several counties’ unrelated charges and court used discretion to make sentence consecutive to those imposed in the other counties, defendant was entitled to pretrial credit time only against the aggregate of the consecutive sentences.