Trial court should have determined if defendant with multiple drug-related court contacts was eligible for substance abuse treatment and placement in Community Corrections.
Supreme
Livingston v. State, No. 18S-CR-623, __ N.E.3d __ (Ind., December 28, 2018).
Utilizing evidence based best practices for rehabilitation in a community setting and avoiding the use of scarce prison space for nonviolent offenders, the defendant’s sentence of thirty years in the DOC was reduced to twenty-three years in community corrections.
Moriarity v. Ind. Dept. of Natural Resources, No. 18S-PL-00296, __ N.E.3d __ (Ind., Jan. 3, 2019).
Dept. of Natural Resources had jurisdiction over dam on private property based on its location in, on, or along a stream of Indiana.
Barcroft v. State, No. 18S-CR-135, __ N.E.3d __ (Ind., Dec. 3, 2018).
The evidence of defendant’s demeanor—taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness—was sufficient to support the court’s finding of guilty but mentally ill (GBMI).
Schuler v. State, No. 31S00-1703-LW-134, __ N.E.3d __ (Ind., Dec. 4, 2018).
Trial courts must comply with the requirements of Harrison v. State, in a clear and specific written sentencing statement, when imposing a sentence for the death penalty or LWOP.