In determining murder bail, “a defendant is allowed to present evidence of an affirmative defense to rebut the State’s strong presumption that the defendant more likely than not committed the murder (or treason) accused of”; here, trial court making murder bail determination erred in rejecting defendant’s evidence of self-defense.
Appeals
Moore v. State, No. 49A05-1408-CR-398, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
Savings statute for the revised penal code did not prohibit application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.
M.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
J.B. v. State, No. 49A02-1409-JV-688, __ N.E.3d __ (Ind. Ct. App., April 23, 2005).
Police officer’s temporary detention of juvenile on sidewalk to investigate whether item juvenile had discarded was a handgun was a reasonable action under the totality of the circumstances and did not violate the Indiana Constitution’s search protection in Article 1, Section 11.
Smith v. Foegley Landscape, Inc., No. 71A03-1405-SC-169, __N.E.3d __ (Ind. Ct. App., April 20, 2015).
Submitting an affidavit for attorney’s fees that merely states that as a result of representation plaintiff incurred costs and legal expenses related to the litigation is not enough; the affidavit should contain information concerning the nature of services so the court can evaluate the reasonableness of the fees.