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.
Supreme
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.”
Burnell v. State, No. 29S02-1512-CR-707, __ N.E.3d __ (Ind., Aug. 23, 2016).
A refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test.