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.
Appeals
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.
Taylor v. State, No. 18A-IF-1475, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
A defendant can request a jury for a trial de novo regardless of whether they requested a jury in the city-court proceeding.
Warren v. State, No. 18A-CR-1725, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
Trial court may not issue a blanket order denying the return of videos containing sexually explicit material.
In re W.R.H., No. 18A-JP-1770, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
A court cannot change legal custody of a child when a parent files a notice of intent to relocate, unless a parent specifically requests a change of custody.