A post-conviction court must make specific findings of fact and conclusions of law when there is a claim of ineffective assistance of trial counsel and involuntariness of a guilty plea.
R. Altice
Baker v. State, No. 49A02-1605-CR-1154, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2017).
When restitution is ordered as a condition of probation, the trial court must inquire as to defendant’s ability to pay, and if ordered to pay for property damages of the victim, it must be based on the actual cost of repair or replacement.
Garner v. Kempf, No. 82A01-1512-PL-2362, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Clerk, a garnishee defendant, is liable when she received a motion for proceedings supplemental to garnish the bond in an unrelated criminal case, and the clerk did not provide notice of the lien in the criminal case.
Dobeski v. State, No. 49A02-1603-CR-440, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2016).
When computing the time allowed to register as a sex offender, the day of the triggering event should be excluded.
Beedy v. State, No. 48A02-1510-CR-1703, __N.E.3d__ (Ind. Ct. App., August 22, 2016).
Defendant is entitled to raise a “Romeo and Juliet” defense under Ind. Code § 35-42-4-9(e) if he has not committed a prior sex offense against a person other than the victim.