Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Supreme
Whatley v. State, No. 49S02-0908-CR-379, __ N.E.2d __ (Ind., June 8, 2010)
Church with an active youth program was a “youth program center” for purposes of drug offense enhancement.
Malenchik v. State, No. 79S02-0908-CR-365, __ N.E.2d __ (Ind., 2010)
“[R]esults of LSI-R and SASSI offender assessment instruments are appropriate supplemental tools for judicial consideration at sentencing.”
J.S. v. State, No. 79S02-1006-CR-296, __ N.E.2d __ (Ind., June 9, 2010)
“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”
Travelers Indemnity Co. v. Jarrells, No. 29S02-0908-CV-378, ___ N.E.2d ___ (Ind., May 27, 2010)
In future trials where the trier of fact finds that the evidence establishes that the plaintiff has received payment for some of the damages from collateral sources, the award should include those damages, but only to the extent that the evidence establishes an obligation to repay.