Probation modification statute permitted addition of special probation conditions without proof of a violation, and as statute is remedial it applied to probation imposed before its adoption.
Criminal
Alvey v. State, No. 82S01-0902-CR-66, __ N.E.2d __ (Ind., Aug. 24, 2009)
A defendant whose motion to suppress is denied cannot plead guilty and then appeal the denial of his motion, even if his plea agreement provides for it.
Kimbrough v. State, No. 20A03-0901-CR-29, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2009)
Determinations of defendant’s ability to pay fines, court costs, and public defender fund reimbursement were not required at sentencing when the payments were deferred until post-sentence events. When victim had obtained a civil judgment against defendant prior to sentencing, trial court might have to adjust restitution order to avoid double recovery for victim.
Atteberry v. State, No. 49A02-0808-CR-705, __ N.E.2d __ (Ind. Ct. App., July 7, 2009)
Testimony that defendant’s DNA was found in a national database was not an impermissible reference to his criminal record.
Farmer v. State, No. 29A05-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., July 9, 2009)
Trial court’s reference in the presence of the jury to witnesses as “experts” was error but not reversible.