Justia Criminal Law Opinion Summaries

After a jury trial, Defendant was convicted of murder, murder in the perpetration of criminal deviate conduct, and related crimes. The State sought a sentence of life without parole, but in the penalty phase, the jury was unable to reach a unanimous verdict as to whether the State had proven its charged aggravating circumstance. Nonetheless, the trial court sentenced Defendant to life imprisonment without the possibility of parole on the murder count. The Supreme Court remanded for a revised sentencing order as to the judge’s conclusion that life imprisonment was the appropriate sentence. On remand, the trial court affirmed the sentence. Defendant appealed, arguing, on grounds not previously raised, that the trial court’s imposition of a life sentence violated the Sixth Amendment because the aggravating factor supporting the sentence was not determined by the trier of fact during the penalty phase. The Supreme Court agreed, holding that the trial court committed reversible error by imposing a sentence of life without parole under the circumstances. In the interests of judicial economy, the Court further exercised its appellate prerogative to sentence Defendant to a term of years. View "Lewis v. State" on Justia Law

After a bench trial, Defendant was found guilty of Class B misdemeanor criminal mischief. After sentencing, the trial court held a separate hearing to determine the amount of restitution Defendant owed. The court ultimately concluded that Defendant owed $932 in restitution and that Defendant had the ability to pay in monthly installments of approximately $80. The restitution was ordered as a condition of Defendant’s probation. Defendant appealed the restitution order, arguing that it exceeded what he was able to pay in violation of Ind. Code 35-38-2-2.3(a)(6). The Supreme Court vacated the ordered restitution, holding that the restitution order was an abuse of discretion because the evidence was insufficient to conclude that Defendant had the ability to pay. View "Bell v. State" on Justia Law

After a jury trial, Defendant was convicted of murder, robbery, and conspiracy to commit robbery. Defendant was sentenced to life imprisonment without possibility of parole. Defendant appealed, alleging several claims of error. The Supreme Court affirmed, holding (1) Defendant was not denied due process in discovery; (2) Defendant was not denied his right to a speedy trial; (3) the trial court did not abuse its discretion in denying Defendant’s requests to hire DNA and blood spatter experts at public expense; (4) the trial court did not commit fundamental error by allowing unknown witnesses to remain in the courtroom during opening statements despite a separation order; (5) the trial court did not abuse its discretion by allowing the State’s entomologist to testify; (6) the trial court properly admitted evidence found in Defendant’s van; and (7) sufficient evidence supported Defendant’s convictions. View "Griffith v. State" on Justia Law

Defendant pleaded guilty to one count of child solicitation as a Level 5 felony. The offense carried a sentencing range of one to six years, with three years being the advisory sentence. The trial court sentenced Defendant to the advisory sentence of three years, executed in the Department of Correction. Defendant appealed his sentence. The court of appeals ordered that Defendant be released from incarceration and serve the remainder of his three-year sentence on supervised probation, concluding that his fully-executed sentence was inappropriate under Indiana Appellate Rule 7(B). The Supreme Court granted transfer and affirmed the sentence imposed by the trial court, holding that the sentence imposed by the trial court did not warrant appellate revision and was not inappropriate under Rule 7(B). View "Bess v. State" on Justia Law

D.A. filed a petition for the expungement of several criminal conviction records. The trial court granted the petition and ordered the expungement of certain records related to D.A.’s convictions. Thereafter, Petitioner filed a second petition asking for the expungement of civil forfeiture records. The trial court denied the petition, concluding that the expungment statutes apply to arrests and criminal convictions but not to civil forfeitures. The Supreme Court affirmed the denial of D.A. second expungement petition, holding that Indiana’s expungement statutes do not reach civil forfeiture records. View "D.A. v. State" on Justia Law

Defendant and his wife were on the brink of divorce when Defendant screamed in his wife’s face and spat in her eye. Defendant was found guilty of B-misdemeanor disorderly conduct for knowingly or intentionally engaging in fighting and/or tumultuous conduct with his wife. Defendant appealed, arguing that the disorderly conduct statute requires both a public disturbance and a physical altercation and that the State failed to prove those elements. The Supreme Court affirmed, holding (1) the disorderly conduct statute’s “fighting” subsection does not contain a public disturbance element but does require a physical altercation; and (2) Defendant’s intentional spitting provided sufficient evidence of a physical altercation. View "Day v. State" on Justia Law

Defendant was convicted for refusing to identify himself to a law enforcement official. A majority of the court of appeals reversed, concluding that there was insufficient evidence to support the conviction. One judge dissented and would have affirmed the trial court. The Supreme Court granted transfer, thus vacating the judgment of the court of appeals. The Court agreed with the dissenting opinion and affirmed the judgment of the trial court, holding that the evidence was sufficient to support Defendant’s conviction under Ind. Code 34-28-5-3.5. View "Weaver v. State" on Justia Law

Defendant was arrested and charged with several drug-related offenses. Defendant filed a motion to suppress all evidence seized as a result of a search of his home conducted without a warrant. The trial court largely denied the motion. After a jury trial, Defendant was found guilty of four drug-related counts. On appeal, Defendant argued that the police made a warrantless entry into his home without valid consent and that the police conducted an illegal protective sweep once inside. The Supreme Court reversed the trial court’s denial of Defendant’s motion to suppress all evidence seized in the search of his home, holding (1) under the circumstances of this case, Defendant’s house guest, who answered the door to Defendant’s home, did not have the apparent authority to consent to police entry; and (2) because the police did not have a warrant or warrant exception to justify entry into Defendant’s home, the subsequent searches, including the protective sweep, were unlawful, and the fruits of those searches must be suppressed. View "Bradley v. State" on Justia Law

After a bench trial, Defendant was convicted of two counts of murder and of being a serious violent felon in possession of a firearm. After a separate sentencing phase, the trial court sentenced Defendant to serve two life sentences without parole consecutively. After a subsequent sentencing hearing, the trial court imposed an additional twenty-year sentence for the firearm possession conviction, also to run consecutively. The Supreme Court affirmed, holding (1) the trial court did not abuse its discretion in imposing consecutive life sentences; and (2) the trial court’s sentencing order was inadequate, but Defendant’s sentence was proper. View "Clippinger v. State" on Justia Law

Defendant was charged with operating a vehicle with an alcohol concentration equivalent (ACE) of 0.08 or more. At trial, the judge instructed the jury to presume Defendant’s ACE at the time of the offense based on a chemical test that was performed within three hours of his being stopped by law enforcement. The instruction told the jury it “shall presume,” yet also stated that “the presumption is rebuttable.” Defendant appealed, arguing that the instruction amounted to fundamental error because it improperly relieved the State of its burden to prove each element beyond a reasonable doubt. The Court of Appeals agreed and reversed Defendant’s conviction, concluding that the instruction did not make clear that the presumption was merely permissible. The Supreme Court granted transfer, thus vacating the opinion below, and affirmed, holding that the instruction did not unconstitutionally shift the State’s burden of proof in violation of Defendant’s due process rights. View "Pattison v. State" on Justia Law