The imposition of a sentence of life without parole was reversible error by the trial court because the sole aggravating factor supporting the sentence was not determined by the trier of fact beyond a reasonable doubt during the penalty phase. The Supreme Court concurred with defendant’s initial request, and in the interests of judicial economy, exercised their appellate prerogative and resentenced him to a total term of 88 years.
Supreme
Bell v. State, No. 49S02-1609-CR-00501, __ N.E.3d __ (Ind., Sept. 29, 2016).
A trial court must consider a defendant’s ability to pay before entering a restitution order after hearing testimony of inability to pay without rebutting evidence.
Griffith v. State, No. 27S00-1503-LW-145, __ N.E.3d __ (Ind., Sept. 29, 2016).
Supreme Court upholds murder, robbery, and conspiracy to commit robbery conviction and sentence of life imprisonment without possibility of parole (LWOP).
Bess v. State, No. 09S02-1609-CR-484, __ N.E.3d __ (Ind., Sept. 14, 2016).
Trial court sentence of three years’ incarceration for one count of child solicitation was not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.
D.A. v. State, No. 48S02-1604-MI-183, __ N.E.3d __ (Ind., Sept. 1, 2016).
“Under the plain language of Indiana Code section 35-38-9-4, civil forfeitures are not included within the “conviction records” that may be expunged.”