Because Indiana has a statutory scheme for the award of credit time, the equitable, common law doctrine of “credit for time erroneously at liberty,” does not apply.
Criminal
Watson v. State, 20A-CR-1142, __ N.E.3d __ (Ind., Oct. 21, 2020).
While Criminal Rule 4(C) does not apply to habitual-offender retrials, the constitutional right to a speedy trial does.
Sargent v. State, 20A-CR-1142, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2020).
While participation in a Purposeful Incarceration Program (PIP) may lead to a subsequent sentence modification, a request for a participation recommendation is not, in itself, a request for modification under Indiana Code Section 35-18-1-17.
McCoy v. State, 20A-CR-723, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2020).
Absent evidence that comments rose to the level of unreasonable noise, loud criticism of government action does not constitute disorderly conduct.
Crouse v. State, 19A-CR-3008, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2020).
A waiver of appeal set forth as part of a plea agreement applies only to sentences imposed in accordance with the law.