Willet v. State, No. 19A-CR-2699, __ N.E.3d __ (Ind. Ct. App., Jul. 31, 2020).

August 3, 2020 | Volume 77 Issue 28 | Filed Under: Criminal | Tagged: , ,

Petition which challenges release date of parole based on a claim that Petitioner’s sentence has expired, is properly filed as a habeas corpus petition

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Crane v. State, No. 19A-CR-2292, __ N.E.3d __ (Ind. Ct. App., June 18, 2020).

June 22, 2020 | Volume 77 Issue 23 | Filed Under: Criminal | Tagged: ,

A sentencing order shall reflect the disposition of all charges

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Holsapple v. State, No. 19A-CR-2069 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).

May 11, 2020 | Volume 77 Issue 18 | Filed Under: Criminal | Tagged: ,

The prosecution may not enter into an agreement which deprives a trial court discretion to impose sanctions for probation violations.

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State v. Vande Brake, No. 19A-CR-1772, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).

April 6, 2020 | Volume 77 Issue 13 | Filed Under: Criminal | Tagged: ,

A trial court lacks authority to sua sponte dismiss a properly filed firearm enhancement.

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Miske, Jr. v. State, No. 19A-PC-1174, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).

February 10, 2020 | Volume 77 Issue 5 | Filed Under: Criminal | Tagged: ,

Failure to raise a common law double jeopardy claim, when apparent from the record that a defendant’s conviction and punishment for an enhancement of a crime was imposed for the very same behavior or harm as another crime for which the defendant has been convicted and punished, constitutes ineffective assistance of appellate counsel, even if appellate counsel raised a different double jeopardy issue on appeal.

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