A defendant waives his/her right to appeal a restitution order after signing a plea agreement leaving all terms of the sentence to the trial court’s discretion.
Appeals
Miller v. State, No. 21A-CR-2315, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Bifurcation of unlawful possession of a firearm by a serious violent felon (SVF) charges serves the purpose of protecting a defendant’s right to the presumption of innocence and ensures a fair trial.
Nail v. Smith, No. 21A-CT-563, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Trial court properly awarded attorney’s fees as a discovery sanction even though the party’s attorney was salaried in-house counsel.
In re K.W. v. Indiana Dep’t of Child Servs., No. 21A-JC-598, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2021).
CHINS fact-finding hearing and dispositional hearings were properly continued for good cause pursuant to Trial Rule 53.5.
Gliva v. State, No. 21A-CR-332, __ N.E.3d __ (Ind. Ct. App., Oct. 7, 2021).
The unaware prong of the sexual battery statute — Ind. Code § 35-42-4-8(a)(2) — applies when the victim lacks knowledge or acquaintance of the touching or is unconscious of the touching as the touching is occurring. Unawareness that the touching is going to occur alone does not satisfy the provision.