A defendant imprisoned due to violating the terms and conditions of a drug court is entitled to credit time, but the credit time for any period of sanction imposed by the drug court may be waived by the defendant’s drug court agreement.
Criminal
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Feb. 25, 2009)
Forgery, based on intent to defraud, cannot be committed by making a representation recklessly without regard to its truth or falsity.
Kuhn v. State, No. 18A05-0805-PC-257, __ N.E.2d __ (Ind. Ct. App., Feb. 12, 2009)
When pro se post-conviction relief petition raised issues of fact about effective assistance of counsel, the trial court erred when it did not arrange for the petitioner’s participation in the hearing on the issues.
St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)
Plea agreement for state to “recommend†a fixed sentence was not an “open†plea leaving the trial court with discretion on sentence.
Dunn v. State, No. 20A03-0807-CR-362, __N.E.2d __ (Ind. Ct. App., Feb. 18, 2009)
Statutory consecutive sentence limitations applicable only to felonies did not preclude sentence that three one year misdemeanors sentences be consecutive.