A defendant is not entitled to credit for pretrial confinement if the defendant’s custody is a result charges with a different sovereign.
Criminal
Edwards v. State, No. 20A-CR-42, __ N.E.3d __ (Ind. Ct. App., April 30, 2020).
When there is no nexus between the illegal possession and another crime, courts must look to the time of acquisition to determine whether multiple possessions constitute a single episode of criminal conduct.
F.A. v. State, No. 19A-JV-2438, __ N.E.3d __ (Ind. Ct. App., May 1, 2020).
A juvenile may not be required to pay the costs of their secure detention. Moreover, before imposing costs of secure detention upon a parent, a court must inquire into the parent’s ability to pay; if the parent has the ability to pay, the trial court shall follow the applicable requirements related to the Child Support Rules and Guidelines.
Brown v. State, No. 19A-CR-2125, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2020).
A trial court may take judicial notice that the defendant signed pleadings, and a rebuttable presumption arises which requires the defendant to come forward with any evidence to dispute the presumption.
Warren v. State, No. 19A-PC-1604, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2020).
While there is not always a reasonable probability that the result of a proceeding would be different, failure of trial counsel to thoroughly investigate evidence of an alternative suspect is deficient performance.