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5 Indiana opinions name it 1 courts 2004–2013 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Green v. Stategreen2 sentences2008While we acknowledged on appeal that Ware’s failure to object constituted waiver, we nevertheless reversed and remanded the trial court’s restitution order, concluding that the trial court had violated the restitution statute by ordering the defendant to pay for the victim’s counseling in perpetuity and basing the award on a “record [that] is devoid of any evidence to determine the proper amount of restitution.” Id. at 1180 . *916 While addressing a defendant’s challenge to the restitution order in Green v. State, we held that “we treat this question like any other claim that a trial court has 2007“Because the trial court ordered restitution as part of [Laker’s] sentence, we treat this question like any other claim that a trial court has violated its statutory authority in imposing sentence, which amounts to fundamental error, and which may be raised for the first time on appeal.” Green v. State, 811 N.E.2d 874, 877 (Ind. Ct.App.2004). | 3 | 4 |
Abron v. Stategreen2 sentences2013Rich v. State, 890 N.E.2d 44, 48 (Ind.Ct.App.2008) (appellate courts will review trial court’s restitution order even where defendant did not object, because restitution order is part of sentence and appellate courts have duty to determine legality of sentences), trans. denied; Green, 811 N.E.2d at 877 (citing Abron v. State, 591 N.E.2d 634, 638 (Ind.Ct.App.1992), trans. denied). 2004See, e.g., Abron v. State, 591 N.E.2d 634, 638 (Ind.Ct.App.1992) (holding trial court's failure to sentence defendant in accordance with statutory requirements constitutes fundamental error and may, therefore, be raised by either party for first time on appeal), trans. denied. | 2 | 2 |
Rich v. Stategreen1 sentence2013Rich v. State, 890 N.E.2d 44, 48 (Ind.Ct.App.2008) (appellate courts will review trial court’s restitution order even where defendant did not object, because restitution order is part of sentence and appellate courts have duty to determine legality of sentences), trans. denied; Green, 811 N.E.2d at 877 (citing Abron v. State, 591 N.E.2d 634, 638 (Ind.Ct.App.1992), trans. denied). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ware v. State
green
1 sentence2008While we acknowledged on appeal that Ware’s failure to object constituted waiver, we nevertheless reversed and remanded the trial court’s restitution order, concluding that the trial court had violated the restitution statute by ordering the defendant to pay for the victim’s counseling in perpetuity and basing the award on a “record [that] is devoid of any evidence to determine the proper amount of restitution.” Id. at 1180 . *916 While addressing a defendant’s challenge to the restitution order in Green v. State, we held that “we treat this question like any other claim that a trial court has | 1 | 2008–2008 |
Bennett v. State
green
1 sentence2008More recently, in Bennett , we distinguished Mitchell and held that a defendant had not waived his argument regarding a fundamentally erroneous restitution order even though he had offered to pay restitution at the sentencing hearing. 862 N.E.2d at 1287-88 . | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.