An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.
Criminal
Marshall v. State, No. 21A-CR-1123, __ N.E.3d __ (Ind. Ct. App., Jan. 7, 2022).
Upon a request for self-representation, the defendant should be made aware of the dangers and disadvantages of self-representation, so that the record will establish a knowing and intelligent decision.
Guthery v. State, No. 21A-CR-711, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2021).
The felony suspendability statute is not a progressive penalty statute, as it does not elevate the seriousness of an offense and its corresponding penalty due to a previous conviction. Rather, it merely limits the discretion of the trial court to order a sentence to be suspended, all within the existing sentencing range for the offense. To that end, the felony suspendability statute is not a sentencing enhancement statute to which double-enhancement analysis applies.
Hall v. State, No. 20S-LW-00660, __ N.E.3d __ (Ind., Dec. 17, 2021).
Life without parole was an appropriate sentence for woman who hired someone to murder her stepfather.
Niccum v. State, No. 21A-CR-1533, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2021).
The calculation of good time credit is a function of the defendant’s accrued time.