Trial court must resentence defendant who was sentenced to forty years imprisonment after entering a guilty plea to one count of felony child molesting when the correct statutory sentencing range was twenty to fifty years, not thirty to fifty years.
Supreme
Miller v. State, No. 28S04-1707-CR-468, __ N.E.3d __ (Ind., July 12, 2017).
The correct legal standard to apply in an attempted murder case is whether the defendant had a “specific intent to kill.”
Shinnock v. State, No. 18S05-1706-CR-429, __ N.E.3d __ (Ind., June 27, 2017).
Independent, circumstantial evidence that was the crime was committee was sufficient for corpus delicti evidence required to have a confession admitted.
Whiteside v. State, No. 02S05-1706-CR-441, __ N.E.3d __ (Ind., June 29, 2017).
Juvenile waived into adult court and convicted of Class B felony attempted rape and two counts of Class B felony criminal deviate conduct was properly sentenced to an aggregate sentence of sixty years imprisonment.
Jacobs v. State, No. 49S02-1706-CR-438 , __ N.E.3d __ (Ind., June 29, 2017).
State has the burden to demonstrate the reasonableness of a warrantless search in light of three factors: 1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on a citizen’s ordinary activities, and 3) the extent of law enforcement needs.