The felony suspendability statute is not a progressive penalty statute, as it does not elevate the seriousness of an offense and its corresponding penalty due to a previous conviction. Rather, it merely limits the discretion of the trial court to order a sentence to be suspended, all within the existing sentencing range for the offense. To that end, the felony suspendability statute is not a sentencing enhancement statute to which double-enhancement analysis applies.
Hall v. State, No. 20S-LW-00660, __ N.E.3d __ (Ind., Dec. 17, 2021).
Life without parole was an appropriate sentence for woman who hired someone to murder her stepfather.
Niccum v. State, No. 21A-CR-1533, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2021).
The calculation of good time credit is a function of the defendant’s accrued time.
Lowe v. N. Ind. Commuter Transp. Dist., No. 21S-CT-295, __ N.E.3d __ (Ind., Dec. 16, 2021).
Northern District Commuter Transportation District is apolitical subdivision for purposes of the Indiana Tort Claims Act so was subject to its 180-day notice requirement
In re Power of Attorney of DeHart, No. 21A-GM-1043, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2021).
When a request for accounting under a power of attorney is made, the person holding the power of attorney has the burden to prove the accounting is not in the power of attorney’s best interests.