Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).

While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.

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Wilder v. DeGood Dimensional Concepts, Inc., No. 20A-PL-1100__ N.E.3d __ (Ind. Ct. App, Feb. 16, 2021).

While a trial court can take judicial notice of reasonable attorney’s fees in routine cases involving relatively small amounts, the trial court abused its discretion when it awarded appellate attorney’s fees in a reduced hourly amount with no evidence to support the reduced rate.

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Brown v. State, 19A-MI-1999, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2021).

Amendment of Ind. Code § 35-33-5-7 to include subsection (f) was a remedial measure intended to clarify that a search warrant is considered “executed” for purposes of Ind. Code § 35-33-5-7 when officers seize the items described in the search warrant.

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Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).

In a civil forfeiture action, the res may be used for defense related expenses.

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DeWees v. State, 20A-CR-1146, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).

Indiana Criminal Rule 26 warrants that, where a qualifying arrestee does not present a substantial risk of flight or danger to self or others, a trial court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court. Moreover, our Indiana Code provides that, in setting the amount of bail or deciding whether to grant conditional pre-trial release, trial courts must consider all facts relevant to the risk of a defendant’s failure to appear, including factors enumerated in Indiana Code Section 35-33-8-4(b).

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