Restitution order was an abuse of discretion to the extent that it included amounts for uncharged thefts outside the timeframe covered by the indictment to which defendant pleaded guilty; defendant neither pleaded guilty to nor agreed to make restitution for any thefts outside that timeframe.
R. Pyle
Slaybaugh v. State, No. 79A02-1411-CR-798, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
Fact that juror was Facebook “friends” with relatives of the victim did not establish juror misconduct, when juror testified that she did not know them personally, and trial court found her testimony truthful.
Burnell v. State, No. 29A02-1412-CR-849, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though her words had expressed reluctant agreement to be tested.
Guffey v. State, No. 21A01-1410-CR-446, ___ N.E.3d ___ (Ind. Ct. App., Aug. 19, 2015).
Defendant’s convictions on five counts violated actual-evidence test for double jeopardy—though the court “merged” Counts II and IV into other counts, jeopardy still attached because it had previously entered judgment on them; and Counts III and V should also have been vacated and merged into Count I. But trial court could properly impose a longer sentence for the remaining Count I on remand, as long as it did not exceed the aggregate consecutive sentences previously imposed.
Additionally, sentencing order was defective for entering a habitual-offender sentence separately instead of applying as an enhancement to an underlying sentence.
Cavallo v. Allied Physicians of Michiana, LLC, No. 71A05-1406-PL-285, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2015).
Defendant did not have a right to a jury trial on the reasonableness of attorney fees, but there are instances where a jury may decide whether the amount of an attorney fee award is reasonable.