Modification of D felony operating while habitual traffic violator to A misdemeanor changes also provides that defendant’s driving privileges are suspended, not forfeited.
C. Darden
Robinson v. State, No. 49A02-1101-CR-13, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
Probable cause affidavit with “multiple levels of hearsay” did not pass the “substantial trustworthiness” test required by a probation revocation subject’s confrontation right.
P.J. v. State, No. 49A05-1102-JV-121, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
A juvenile who enters into a plea agreement to pay a specific amount of restitution waives his right to have the juvenile court inquire into his ability to pay, as he has acknowledges such ability in his plea agreement.
Arthur v. State, No. 28A01-1008-CR-489, __ N.E.2d __ (Ind. Ct. App., June 8, 2011)
2010 community corrections home detention credit time amendment is not limited only to persons subject to an IC 35-38-2.6-1 “direct commitment” to community corrections, as “it would indeed be illogical to interpret the statute so as to allow the offender to earn credit time when placed on a home detention community corrections program only if it is a direct placement of an offender who has committed an offense for which no portion of the sentence may be suspended.”
Eppl v. DiGiacomo, No. 45A03-1007-SC-402, ___ N.E.2d ___ (Ind. Ct. App., May 4, 2011)
Tenant’s mere delivery of the keys is not sufficient to demonstrate that landlord accepted surrender of the premises; thus the end of the month, in a month-to-month tenancy, started the security deposit statute’s 45-day clock for the landlord to provide the itemization of charges against the security deposit.