The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
Middleton v. State, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 21, 2017).
In an ineffective assistance of counsel claim, a petitioner need only show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.
State v. McHenry, No. 35A04-1609-CR-2080, __ N.E.3d __ (Ind. Ct. App., April 12, 2017).
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.