Overrules cases holding that an element of a charge dismissed by plea agreement cannot be used as an aggravating sentencing factor, and holds that instead elements or conduct involved in dismissed charges may be used in sentencing unless the parties provide otherwise in their plea agreement.
Supreme
Heaton v. State, No. 48S02-1206-CR-350, __ N.E.2d __ (Ind., Mar. 5, 2013).
A probation revocation court must apply the preponderance standard, not probable cause, in determining whether the state has proved the defendant committed a new offense.
KJ.R. v. M.A.B., No. 41S01-1209-MI-00556,___ N.E.2d ___ (Ind., March 7, 2013).
Grandparent visitation was order was voidable, because it failed to address required findings, and was remanded to correct those defects through new findings and conclusions.
K.W. v. State, No. 49S02-1301-JV-20, __ N.E.2d __ (Ind., Feb. 22, 2013)
Evidence was insufficient to prove element of “forcibly” resisting law enforcement; suggests legislative scrutiny of distinction between law enforcement officer and school-discipline officer for purposes of resisting law enforcement offense.
Sickels v. State, No. 20S03-1206-CR-308, __ N.E.2d __ (Ind., Feb. 22, 2013).
“[A] custodial parent may be a ‘victim’ for purposes of restitution based on a child-support arrearage even if the children have been emancipated.”