The felony suspendability statute is not a progressive penalty statute, as it does not elevate the seriousness of an offense and its corresponding penalty due to a previous conviction. Rather, it merely limits the discretion of the trial court to order a sentence to be suspended, all within the existing sentencing range for the offense. To that end, the felony suspendability statute is not a sentencing enhancement statute to which double-enhancement analysis applies.
Appeals
Niccum v. State, No. 21A-CR-1533, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2021).
The calculation of good time credit is a function of the defendant’s accrued time.
In re Power of Attorney of DeHart, No. 21A-GM-1043, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2021).
When a request for accounting under a power of attorney is made, the person holding the power of attorney has the burden to prove the accounting is not in the power of attorney’s best interests.
Washington v. State, No. 21A-CR-997, _ N.E.3d __ (Ind. Ct. App., Dec. 9, 2021).
The market reports exception to hearsay under Evidence Rule 803(17) does not apply to allow the admission of evidence from Drugs.com that was used to identify pills for possession charges.
Posso v. State, No. 21A-CR-369, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2021).
A defendant is entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to a search of a motel room, vehicle, and/or cell phone.