Trial court may modify defendant’s sentence under Ind. Code § 35-38-1-17(l), as a person may not waive the right to sentence modification as part of a plea agreement.
Appeals
E.B. v. State, No. 47A04-1706-JV-1263, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Intimidation conviction was reversed because the threat was not transmitted in a way that the defendant knew or had good reason to know the statement would reach the victim.
Barcroft v. State, No. 49A05-1704-CR-844, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Trial court erred in finding defendant guilty but mentally ill when it rejected the findings of three mental-health experts and relied on demeanor evidence that had no probative value on the question of her sanity.
Fields v. State, No. 43A03-1704-CR-856, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2017).
Trial court properly denied defendant’s motion to dismiss charges against him because the arresting officer was acting as a de facto officer and his failure to take the statutory oath was a technical defect.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.