A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.
R. Pyle
In re K.S., No. 49A02-1701-JC-38, __ N.E.3d __ (Ind. Ct. App., June 29, 2017).
Department of Child Services failed to present evidence that child’s physical or mental condition was seriously impaired or seriously endangered when it only presented that Mother used marijuana two months prior to giving birth.
Hart v. State, No. 59A01-1607-CR-1655, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.
Phipps v. State, No. 28A05-1609-CR-2097, __ N.E.3d __ (Ind. Ct. App., May 10, 2017).
To convict a person of violating a protective order, State must prove that communication with a third party was intended to be communicated to the protected party.
Langdon v. State, No. 49A02-1606-CR-1470, __ N.E.3d __ (Ind. Ct. App., March 10, 2017).
There is no statutory basis to impose a second supplemental public defender fee.