The State failed to establish police officer’s decision to impound defendant’s vehicle adhered to established departmental routine or regulation. While evidence of the department’s written procedure need not be introduced, more than conclusory testimony from an officer is required.
Rodriguez v. State, No. 18S-CR-143, __ N.E.3d __ (Ind., Aug, 7, 2019).
Courts may modify a sentence only if the new sentence would not have violated the terms of the valid plea agreement had the new sentence been originally imposed
State v. Stafford, No. 39S04-1712-CR-749, __ N.E.3d __ (Ind., Aug. 7, 2019).
Companion case to Rodriguez v. State reaffirming that trial courts are bound by the terms of a plea agreement and may only modify a sentence in a way that would have been authorized at the time of sentencing.
Cardosi v. State, No. 18S-LW-181, __ N.E.3d __ (Ind., August 7, 2019).
Defendant’s conviction of murder and sentence to life in prison without parole upheld, finding that the evidence was sufficient, jurors were properly admonished, co-conspirator’s text messages were properly admitted, reading a withdrawn accomplice liability instruction was not improper, and court properly considered a non-statutory aggravator when imposing sentence.
Wallick v. Inman, No. 18A-CT-2519, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The trial judge has broad discretion to rehabilitate jurors and deny for-cause challenges. The trial judge properly denied for-cause challenges after asking the prospective jurors if they could set aside personal biases, beliefs, and prejudices and follow instructions as given.