There are two avenues for the use of home detention following conviction: 1) home detention as a condition of probation under Ind. Code § 35-38-2.5; and 2) home detention as a direct commitment to Community Corrections under Ind. Code § 35-38-2.6. A trial court must enter a home detention order when a defendant is sentenced to home detention as a condition of probation.
Appeals
White v. Szalasny, No. 21A-CC-2063, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
Indiana Security Deposit Statute does not limit a fee award to certain stages of the proceeding; a judge has discretion to award of fees relating to the fee petition.
Wilson v. State, No. 21A-CR-2308, __ N.E.3d __ (Ind. Ct. App., June 2, 2022).
Pursuant to Ind. Code § 35-38-1-17, a trial court’s authority to modify a sentence does not extend to parole.
Galloway, Jr. v. State, No. 21A-CR-1127, __ N.E.3d __ (Ind. Ct. App., May 24, 2022).
A party who has rendered a witness unavailable for cross-examination through a criminal act may not object to the introduction of hearsay statements by the witness on confrontation grounds.
Miller v. Patel, No. 21A-CT-2500, __ N.E.3d __ (Ind. Ct. App., May 24, 2022).
Plaintiff did not have a full and fair opportunity to litigate the issue of his criminal responsibility in the criminal case because he entered a plea agreement. It would be otherwise unfair to apply collateral estoppel to preclude plaintiff from attempting to rebut the inference of his sanity established by his plea of guilty but mentally ill.