If an arrestee does not present a substantial risk of flight or danger to themselves or others, a trial court should release the arrestee without money bail or surety subject to such restrictions to ensure appearance for trial.
Criminal
Holsapple v. State, No. 19A-CR-2069 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
The prosecution may not enter into an agreement which deprives a trial court discretion to impose sanctions for probation violations.
R.W. v. State, No. 19A-CR-1358 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
Lack of eye-witness identification, coupled with multiple evidentiary discrepancies, may constitute insufficient evidence to sustain a conviction for robbery or attempted robbery
Alvarez v. State, No. 19A-CR-1906, __ N.E.3d __ (Ind. Ct. App., Apr. 29, 2020).
A defendant is not entitled to credit for pretrial confinement if the defendant’s custody is a result charges with a different sovereign.
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.