The state may not elevate a charge to burglary while armed with a deadly weapon for an individual who obtains a handgun as loot during the course of a burglary.
Maciaszek v. State, No. 43A03-1512-CR-2355, __ N.E.3d __ (Ind. Ct. App., April 10, 2017).
Defendant serving sentences in multiple jurisdictions is entitled to presentence credit for actual time served, and good time credit for the time he spent in Indiana awaiting trial on the Indiana charges.
McKeen v. Turner, No. 53S05-1704-CT-202, __ N.E.3d __ (Ind., April 7, 2017).
Plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel process if (1) the proposed complaint encompasses the theories, and (2) the evidence relating to those theories was before the Medical Review Panel.
State v. Smith, No. 45S05-1611-CR-572, __ N.E.3d __ (Ind., March 28, 2017).
Defendant’s plea agreement foreclosing the possibility of sentence conversion was not altered by a subsequent statute allowing courts to modify a post-sentence conviction.
McAlpin v. State, No. 39A01-1606-CR-1417, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.