When restitution is ordered as a condition of probation, the trial court must inquire as to defendant’s ability to pay, and if ordered to pay for property damages of the victim, it must be based on the actual cost of repair or replacement.
Ellis v. State, No. 71S05-1606-PC-360, __ N.E.3d __ (Ind., Jan. 26, 2017).
A judge may not accept a plea of guilty when the defendant both pleads guilty and maintains his innocence at the same time.
Shepard v. State, No. 84A01-1606-CR-1309, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Community corrections programs may be managed by counties as well as the Department of Correction, and the trial court properly adopted the program’s disciplinary decision to revoke defendant’s good time credit in the sentencing order.
Garner v. Kempf, No. 82A01-1512-PL-2362, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Clerk, a garnishee defendant, is liable when she received a motion for proceedings supplemental to garnish the bond in an unrelated criminal case, and the clerk did not provide notice of the lien in the criminal case.
S.S. v. State, No. 49A05-1605-JV-1070, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2017).
Even though juvenile defendant agreed to make restitution as part of the admission agreement, the juvenile court abused its discretion when it ordered him to pay restitution after it determined he did not have the ability to pay.