The DCS Notice Statute (Ind. Code §31-33-18-4) does not confer a private cause of action.
Appeals
Russell v. State, No. 21A-CR-2313, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
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.
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.