Life without parole sentencing order did not improperly rely upon non-statutory aggravating factors; instead, it explained why the mitigating factors did not outweigh the single statutory aggravating factor alleged and proved.
In re Order for Payment of Attorney Fees and Reimbursement of Expenses, No. 48A02-1307-MI-615, __ N.E.3d __ (Ind. Ct. App., Apr. 9, 2014).
State’s obligation to pay costs of representing inmates in prosecutions for offenses committed in correctional facilities includes not just trial expenses but also expenses for appellate representation.
Metzger v. State, No. 02A03-1307-CR-295, __ N.E.3d __ (Ind. Ct. App., Mar.31, 2014).
When a blood draw warrant had been issued for a driver who had refused a breath test, the driver’s refusal to cooperate with the blood draw was properly found to be indirect criminal contempt.
Wilson v. State, No. 27S02-1309-CR-584, __ N.E.3d __ (Ind., Apr. 1, 2014).
“Hybrid” sentence partially concurrent and partially consecutive is not authorized by statute.
Goodman v. SeRine, No. 55A01-1304-PL-176., __ N.E.3d __ (Ind. Ct. App., March 31, 2014)
Although the sellers’ bankruptcy action had been dismissed, bankruptcy court was the proper venue for a quiet title action on property that was part of the bankruptcy estate.