The sister of a brother who was once married to the defendant’s aunt is not a “family or household member” within the meaning of the statute elevating misdemeanor battery to a level 6 felony.
Criminal
Allen v. State, No. 49S05-1601-CR-46, __ N.E.3d __ (Ind., April 28, 2016).
“[W]hether declining to attribute delay to the defendant for failing to arrange for his transportation from Department of Correction custody and to appear for his trial scheduled for January 23, 2013, or whether attributing such failures to the defendant under Rule (C) and permitting the trial court and the State a reasonable time thereafter to bring the defendant to trial, the defendant was entitled to discharge pursuant to Indiana Criminal Rule 4(C), and his motion should have been granted.”
Taylor-Bey v. State, No. 49A05-1503-CR-123, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).
Trial court had jurisdiction over a “Moorish American National Sovereign.”
Love v. State, No. 20A05-1509-CR-1327, ___ N.E.3d ___ (Ind. Ct. App., April 20, 2016).
Trial court should have dismissed, rather than denied, defendant’s habeas petition that was in substance an unauthorized successive PCR.
Roar v. State, No. 49A02-1506-CR-506 , ___ N.E.3d ___ (Ind. Ct. App., April 21, 2016).
Conditional threat to victim (that “if I came back on the property[] he’d kill me”) supported conviction for intimidation (disagreeing with C.L. v. State, 2 N.E.3d 798, 801 (Ind. Ct. App. 2014), trans. not sought and Causey v. State, 45 N.E.2d 1239 (Ind. Ct. App. 2015), trans. not sought).