Even though the underlying crime did not involve the use of a firearm, prohibiting defendant from possessing firearms during his probation period did not violate his right to bear arms under the state or federal constitutions
R.R. v. State, No. 47A04-1705-JV-944, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
A juvenile may waive constitutional right to be present at factfinding hearings by knowingly and intentionally refusing to appear.
Rodriguez v. State, No. 20A03-1704-CR-724, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
Trial court may modify defendant’s sentence under Ind. Code § 35-38-1-17(l), as a person may not waive the right to sentence modification as part of a plea agreement.
E.B. v. State, No. 47A04-1706-JV-1263, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Intimidation conviction was reversed because the threat was not transmitted in a way that the defendant knew or had good reason to know the statement would reach the victim.
Barcroft v. State, No. 49A05-1704-CR-844, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Trial court erred in finding defendant guilty but mentally ill when it rejected the findings of three mental-health experts and relied on demeanor evidence that had no probative value on the question of her sanity.