The Department of Correction is required to promulgate rules pursuant to the Administrative Rules and Procedure Act when changing its execution protocol, and its failure to do so means that the changed protocol is void and without effect.
Appeals
Pollard v. State, No. 36A01-1603-CR-659, __ N.E.3d __ (Ind. Ct. App., May 23, 2017).
An inmate who obtains a bachelor’s degree may not “bank” the earned credit time to be used toward a future incarceration due to a parole violation.
Ind. Dept. of Child Svcs. v. J.D., No. 71A03-1611-JC-2627, __ N.E.3d __ (Ind. Ct. App., May 26, 2017).
In a CHINS case, the testimony of three physicians that child’s injuries were non-accidental and indicative of child abuse, plus establishing that time of his birth until his removal child was continuously in his parents’ care, established the elements of the Presumption Statute in order to shift the burden of production to the parents.
Dvorak v. State, No. 53A01-1604-CR-923, __ N.E.3d __ (Ind. Ct. App., May 17, 2017).
In order to toll the statute of limitations in a criminal case, an individual must perform a “positive act” to conceal the fact that an offense has been committed.
Gonzalez v. State, No. 33A04-1612-MI-2807, __ N.E.3d __ (Ind. Ct. App., May 19, 2017).
Forfeiture order was reversed when the trial court inferred from defendant’s presence in the vehicle that he was a co-conspirator with the other passengers for dealing in narcotics when there was no additional evidence of a nexus between defendant’s forfeited money and dealing in narcotics.