Conviction of a juvenile for possession of a handgun without a license was vacated because Ind. Code 35-47-2-1 applies only to adults, and a person under the age of eighteen is not eligible for a handgun license.
Taylor v. State, No. 82S00-1610-LW-576, __ N.E.3d __ (Ind., Dec. 5, 2017).
Seventeen-year-old defendant’s LWOP sentence for murder and conspiracy to commit murder reduced to an aggregate eighty-year term.
Polk v. State, No. 49A02-1703-CR-622, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2017).
When a person is placed on probation for a felony conviction, the trial court is statutorily required to impose probation fees and may not direct the probation department to conduct a financial assessment. The trial court must also conduct an indigency hearing.
Miller v. Town Bd. Of Sellersburg, No. 10A01-1612-MI-2908, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2017).
Town clerk-treasurer could not mandate additional deputies; Ind. Code § 36-5-6-7 states that the town legislative body must approve the appointment of deputies.
Whitaker v. State, No. 49A02-1706-CR-1162, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).
The trial court, not the probation department, has the sole discretion to impose probation fees under Ind. Code § 35-38-2-1(e) and Ind. Code § 35-38-2-1.7(b).