Trial courts must comply with the requirements of Harrison v. State, in a clear and specific written sentencing statement, when imposing a sentence for the death penalty or LWOP.
Criminal
Barber v. State, No. 18A-CR-308, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2018).
Indiana’s sentence modification statute is available only to convicted persons who are currently executing a sentence.
Akehurst v. State, No. 18A-CR-214, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2018).
Defendant’s restitution payment is limited to victim’s lost earnings incurred before, and not including, the date of sentencing.
Ervin v. State, No. 18A-CR-965, __ N.E.3d __ (Ind. Ct. App., Nov. 28, 2018).
Defendant could not have been acting in defense of his property or others as he was not in a place he was allowed to be, so the jury instruction on property defense was properly denied.
Connor v. State, No. 18A-CR-442, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2018).
The results of the breath test were inadmissible since it was administered using a procedure that had not been approved by the Department of Toxicology.