Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Criminal
Giddings v. State, No. 40A01-0909-PC-455, __ N.E.2D __ (Ind. Ct. App., June 25, 2010)
U.S. Supreme Court’s verdict unanimity requirement for individual components of a continuing criminal enterprise under federal criminal law is not applicable to Indiana child molesting cases.
Whatley v. State, No. 49S02-0908-CR-379, __ N.E.2d __ (Ind., June 8, 2010)
Church with an active youth program was a “youth program center” for purposes of drug offense enhancement.
Malenchik v. State, No. 79S02-0908-CR-365, __ N.E.2d __ (Ind., 2010)
“[R]esults of LSI-R and SASSI offender assessment instruments are appropriate supplemental tools for judicial consideration at sentencing.”
J.S. v. State, No. 79S02-1006-CR-296, __ N.E.2d __ (Ind., June 9, 2010)
“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”