Trial court’s forty-year sentence for felony child molesting was not inappropriate and does not warrant appellate revision under Appellate Rule 7(B).
Supreme
L.G v. S.L., No. 18S-AD-32, __ N.E.3d __ (Ind., Jan. 19, 2018).
A trial court judge is not required to recuse from a case solely because counsel for one of the parties served as a professional reference.
Jones v. State, No. 84S05-1712-CR-741, __ N.E.3d __ (Ind.,Dec. 19, 2017).
Abandonment is an allowable defense for both attempted robbery and conspiracy to commit robbery, but it must be voluntary and occur after the “prohibited conduct” and before the “underlying crime” has been committed or becomes inevitable.
Johnson v. State, No. 32S05-1707-CR-469, __ N.E.3d __ (Ind., Dec. 21, 2017).
The state must prove that each of the three prior unrelated felony convictions meet the ten-year requirement in order to have a person sentenced as a habitual offender under Ind. Code 35-50-2-8(d).
Calvin v. State, No. 02S03-1709-CR-611 , __ N.E.3d __ (Ind., Dec. 21, 2017).
Despite an argument that it leads to an absurd result, a level 4 burglary conviction could not be enhanced with a habitual-offender finding because defendant’s two prior out-of-state convictions must be treated as Level 6 felonies under Ind. Code 35-50-2-8(b).