Court of Appeals affirmed its prior ruling that under Ind. Code § 35-38-1-17(1) a trial court could modify defendant’s sentence, as that section provided a person may not waive the right to sentence modification as part of a plea agreement. A 2018 amendment to that statute may not be applied retroactively.

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Trial court may modify defendant’s sentence under Ind. Code § 35-38-1-17(l), as a person may not waive the right to sentence modification as part of a plea agreement.

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Police need more than a tip that someone is carrying a handgun to conduct a lawful search and seizure; there must be evidence from which an inference of criminal activity can be drawn.

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Prior alcohol-related driving convictions can be introduced into evidence for the issue of punitive damages and the remoteness of a prior offense does not affect the admissibility of the evidence.

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In the Richmond Hill explosion murder case, resulting in trial court imposition of two consecutive life without parole sentences, the evidence was sufficient; the State proved the intentional burning aggravator beyond a reasonable doubt; recorded phone calls from prison between defendant and special agent were properly admitted; and, Indiana’s life without parole statute is constitutional.

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