The same bodily injury inflicted on a victim of a robbery may not be used to enhance the penalty on both a conviction of conspiracy to commit robbery and a conviction of robbery.
J. Baker
Ward v. Carter, No. 46A03-1607-PL-1685, __ N.E.3d __ (Ind. Ct. App., June 1, 2017).
The Department of Correction is required to promulgate rules pursuant to the Administrative Rules and Procedure Act when changing its execution protocol, and its failure to do so means that the changed protocol is void and without effect.
Burnett v. State, No. 49A02-1610-CR-2402, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
Lindsey v. State, No. 71A04-1412-PC-576, __ N.E.3d __ (Ind. Ct. App., March 14, 2017).
Defendant was entitled to post-conviction relief to reduce his sentence because of the poor advice of his attorney to reject a plea agreement.
Jones v. State, No. 49A05-1606-CR-1433, __ N.E.3d __ (Ind. Ct. App., March 2, 2017).
At probation revocation hearing, trial court is not required to ask a defendant if he wants to make a statement, but must allow one to be made if requested.