A civil-judgment-creditor can garnish a cash bond held by a court clerk that a judgment-debtor has posted in an unrelated criminal matter, but those funds are available to the judgment-creditor only if the criminal court has ordered the bond released.
Supreme
T.H. v. State, No. 18S-JV-80,__ N.E.3d __(Ind., March 9, 2018)
Affirms the Court of Appeals opinion that no reasonable fact-finder could find the element of loss of at least $750 was proven beyond a reasonable doubt when there are unexplained anomalies in the repair estimate.
Robinson v. State, No. 18S-CR-33, __ N.E.3d __ (Ind., Feb. 23, 2018).
The sentence imposed by the trial court, including the habitual substance offender enhancement, is not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.
McCallister v. State, No. 87S00-1609-LW-497, __ N.E.3d __ (Ind., Feb. 15, 2018).
The evidence, including surveillance video and phone conversations, supported jury conviction of murder and conspiracy to commit murder. LWOP sentence was proper as the jury, not the court, weighs the mitigating and aggravating factors.
Phipps v. State, No. 28S05-1707-CR-499, __ N.E.3d __ (Ind., Feb. 16, 2018).
Circumstantial evidence may be used to prove intent to violate a protective order and trial courts may weigh ongoing acts of criminal misconduct as an aggravating factor to enhance sentencing.