Trial court did not remedy defendant’s double jeopardy concern when it entered a judgment of conviction for the offense and its lesser-included offense (Class A misdemeanor OWI and Class C misdemeanor
OwI) and then merged the offenses purposes of sentencing.
M. May
Maciaszek v. State, No. 43A03-1512-CR-2355, __ N.E.3d __ (Ind. Ct. App., April 10, 2017).
Defendant serving sentences in multiple jurisdictions is entitled to presentence credit for actual time served, and good time credit for the time he spent in Indiana awaiting trial on the Indiana charges.
Neal v. IAB Financial Bank, No. 02A03-1604-CT-1002, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2017).
A Good Samaritan who helps a stranded motorist does not have a duty to a motorist harmed by the formerly stranded motorist after aid was rendered.
S.S. v. State, No. 49A05-1605-JV-1070, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2017).
Even though juvenile defendant agreed to make restitution as part of the admission agreement, the juvenile court abused its discretion when it ordered him to pay restitution after it determined he did not have the ability to pay.
Watkins v. State, No. 82A01-1510-CR-1624, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2017).
Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.