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.
Criminal
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.
Ben-Yisrayl v. State, No. 49A02-0806-CR-512, __ N.E.2d __ (Ind. Ct. App., July 10, 2009)
Indiana capital procedures do not authorize court to impose a term of years as a back-up sentence in case death penalty is reversed.
Peterson v. State, No. 29A05-0902-CR-101, __ N.E.2d )__ (Ind. Ct. App., July 14, 2009)
Probationer’s answers to sex offender treatment polygraph exam were properly admitted at his probation revocation hearing.