Indiana Code 35-33-8-5 allows the court to increase bail, but only after the State requests the increase and presents evidence in support.
Appeals
Rivera v. State, No. 18A-CR-2862, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Where there are no intervening proceedings between the reading of the preliminary instructions and the jury being excused for lunch, trial courts are not required to repeat the
admonishment required by I.C. 35-27-2-4(a). Jury instructions are considered as a whole and in reference to each other when deciding whether an instructional error amounts to fundamental error.
Wilson v. State, No. 18A-PC-3041, __ N.E.3d __ (Ind. Ct. App., June 27, 2019).
A trial court must hold a hearing that complies with Miller v. Alabama, 567 U.S. 460 (2012) when the effect of a sentence imposed on a juvenile will amount to a de facto life sentence.
McBride v. State, No. 18A-CR-580, __ N.E.3d __ (Ind. Ct. App., June 28, 2019).
The trial court should have imposed as a condition of probation that the defendant convicted felon was unequivocally prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1). Neither the trial court nor the probation department has authority to grant such permission during the term of probation.
State v. Lawson, Inc., No. 60C02-1502-PL-54, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Under the Uniform Fraudulent Transfer Act, husband’s equitable interest in property did not entitle him to the half of the proceeds from the sale of property; a defrauded creditor is entitled to the full value of the fraudulently transferred property at the time of the transfer.