The Court of Appeals reduced the trial court’s restitution order because a trial court cannot order a defendant to pay restitution for crimes to which he did not plead guilty.
Appeals
Hendricks Cnty. v. Green, No. 18A-PL-2528, __ N.E.3d __ (Ind. Ct. App., March 19, 2019).
Probation officers are entitled to a cash payout of unused PTO in accordance with the Court’s employee manual; county is not entitled to sovereign immunity under the Wage Payment Statute.
Thornton v. Pietrzak, No. 18A-PL-1356, __ N.E.3d __ (Ind. Ct. App., March 19, 2019).
Probation officers were entitled to quasi-judicial immunity because their actions were so integral to or intertwined with the judicial process that they were considered an arm of the court.
Thompson v. State, No. 18A-CR-1947, __ N.E.3d __ (Ind. Ct. App., March 15, 2019).
A person placed on pretrial home detention earns accrued time (calculated at a day for a day) pursuant to Ind. Code 35-50-6-3.1 and a trial court has no discretion to deny it.
Adams v. State, No. 18A-CR-1544, __ N.E.3d __ (Ind. Ct. App., March 15, 2019).
The rule of lenity implements legislative intent by awarding defendant with one day of accrued time for the approximate six to eight hours he spent in jail before posting bond.