A trial court does not have the authority to resentence a defendant who has served his sentence and been released from the DOC.
Criminal
State v. Ellis, 21S-CR-159, __ N.E.3d __ (Ind., April 26, 2021).
When a defendant is processed for home detention, a waiver of the “rights against search and seizure” clearly encompasses the right to be free from search and seizure absent reasonable suspicion.
Utley v. State, 20A-CR-1741, __ N.E.3d __ (Ind. Ct. App., Apr. 7, 2021).
The day of the arrest is not included in the fifteen-day time frame for which a defendant, who faces a petition to revoke probation, may be held in jail without a hearing.
Bonds v. State, 20A-CR-1449, __ N.E.3d __ (Ind. Ct. App., March 31, 2021).
An allegation by an inmate that the trial court has not included credit time earned in its sentencing is the type of claim appropriately advanced by a motion to correct sentence.
Harris v. State, 20S-CR-546, __ N.E.3d __ (Ind., Mar. 24, 2021).
Although Indiana Rule of Evidence 615(c) is the proper vehicle to permit a parent-witness to remain in the courtroom despite a separation-of witnesses order, the exception is not automatic; child defendants must still affirmatively show their parent’s presence is “essential.”