The certificate offered to authenticate cell phone records did not properly authenticate the records because it was issued approximately eighteen months after the records were obtained, does not contain the phone number for which the search warrant requested records, does not contain the number of pages it purports to authenticate, and does not contain the dates the records encompass.
Criminal
Linville v. State, No. 18A-CR-983, __ N.E.3d __ (Ind. Ct. App., March 22, 2019).
The Court of Appeals reduced the trial court’s restitution order because a trial court cannot order a defendant to pay restitution for crimes to which he did not plead guilty.
Thompson v. State, No. 18A-CR-1947, __ N.E.3d __ (Ind. Ct. App., March 15, 2019).
A person placed on pretrial home detention earns accrued time (calculated at a day for a day) pursuant to Ind. Code 35-50-6-3.1 and a trial court has no discretion to deny it.
Adams v. State, No. 18A-CR-1544, __ N.E.3d __ (Ind. Ct. App., March 15, 2019).
The rule of lenity implements legislative intent by awarding defendant with one day of accrued time for the approximate six to eight hours he spent in jail before posting bond.
Bobadilla v. State, No. 19S-PC-128, __ N.E.3d __ (Ind., March 5, 2019).
Trial counsel provided constitutionally deficient performance by not inquiring into his client’s citizenship status before entering into a plea agreement that eventually led to his deportation.