Hitch v. State
| Docket Number | 49S02-1506-CR-376 |
| Decision Date | 12 April 2016 |
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22 cases
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State v. Timbs
...of review. We accept the trial court's factual findings unless they are clearly erroneous. Ind. Trial Rule 52(A) ; Hitch v. State , 51 N.E.3d 216, 226 (Ind. 2016). But we review the court's excessiveness decision de novo, as it requires application of a constitutional standard. See United S......
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People v. Heisler
...and they have concluded that the Sixth Amendment poses no barrier to court findings of domestic violence. See, e.g. , Hitch v. State , 51 N.E.3d 216, 219-20 (Ind.2016).3 Our resolution of this issue further comports with the more basic theme articulated in Apprendi v. New Jersey , 530 U.S. ......
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Taylor v. State
...simply said nothing. Without evidence that this silence was strategic, we review for fundamental error. See id. at 679 ; Hitch v. State, 51 N.E.3d 216, 219 (Ind. 2016).To prove fundamental error, Taylor must "show that the trial court should have raised the issue sua sponte due to a blatant......
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Moliere v. State
...which undercuts the required showing that the statute violated Apprendi as applied to appellant in this case.3 See also Hitch v. State , 51 N.E.3d 216, 225 (Ind. 2016) (loss of right to possess firearm is non-punitive part of regulatory regime aimed at protecting public); D'Alessandro v. Pa......
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