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Case Clips

Published by the Indiana Office of Court Services

M. May

McMiller v. State, No. 49A02-1706-CR-1192, __ N.E.3d __ (Ind. Ct. App., December 18, 2017).

December 18, 2017 Filed Under: Criminal Tagged With: Appeals, M. May

Although the defendant deprived the restaurant of the value of the food and drink consumed when he could not pay the bill, the conviction was reversed because the state failed to prove that he had the requisite intent to commit theft.

Fearman v. State, No. 49A04-1704-CR-802, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2017).

December 18, 2017 Filed Under: Criminal Tagged With: Appeals, M. May

Defendant’s multiple acts of contemptuous behavior constitute a single contemptuous episode, and his sentence must be reduced to a six-month sentence because that is the maximum penalty allowed without a jury trial.

Edmonson v. State, No. 84A01-1609-PC-2150, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2017).

November 13, 2017 Filed Under: Criminal Tagged With: Appeals, M. May

Defendant’s PCR petition was not barred by the doctrine of laches because State failed to show prejudice; however, he was properly denied relief because the trial court was not required to advise him of collateral consequences of his guilty plea.

W.R. v. State, No. 17A03-1703-XP-571, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2017).

November 6, 2017 Filed Under: Criminal Tagged With: Appeals, M. May

Trial court did not abuse its discretion in refusing to expunge drug-dealing convictions because petitioner’s job includes going into businesses and the nature of the convictions might be relevant to businesses deciding whether to exclude petitioner from their premises.

Morgan v. State, No. 84A01-1703-CR-587, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2017).

November 6, 2017 Filed Under: Criminal Tagged With: Appeals, M. May

Ind. Code 35-38-2.6-5, which controls the community corrections program, does not impermissibly delegate judicial authority to the community corrections director; a hearing is required before direct placement in community corrections is revoked.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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