The evidence of defendant’s demeanor—taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness—was sufficient to support the court’s finding of guilty but mentally ill (GBMI).
Schuler v. State, No. 31S00-1703-LW-134, __ N.E.3d __ (Ind., Dec. 4, 2018).
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.
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.
State v. Reinhart, No. 18S-MI-286, __ N.E.3d __ (Ind., Dec. 5, 2018).
When a person “forfeits” driving privileges for life following a felony conviction for driving while suspended, the proper venue is the trial court in a person’s county of residence.