The DCS Notice Statute (Ind. Code §31-33-18-4) does not confer a private cause of action.
Russell v. State, No. 21A-CR-2313, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
There are two avenues for the use of home detention following conviction: 1) home detention as a condition of probation under Ind. Code § 35-38-2.5; and 2) home detention as a direct commitment to Community Corrections under Ind. Code § 35-38-2.6. A trial court must enter a home detention order when a defendant is sentenced to home detention as a condition of probation.
White v. Szalasny, No. 21A-CC-2063, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
Indiana Security Deposit Statute does not limit a fee award to certain stages of the proceeding; a judge has discretion to award of fees relating to the fee petition.
Wilson v. State, No. 21A-CR-2308, __ N.E.3d __ (Ind. Ct. App., June 2, 2022).
Pursuant to Ind. Code § 35-38-1-17, a trial court’s authority to modify a sentence does not extend to parole.
Holcomb v. Bray, No. 21S-PL-518, __ N.E.3d __ (Ind., June 3, 2022).
The Governor is not procedurally barred from seeking declaratory relief on the constitutionality of HEA-1123; the Court holds HEA-1123 is unconstitutional.