Defendant entered an “open plea,” despite plea agreement’s mistaken recitation that it was not, because trial court retained discretion over placement of the sentence. Defendant therefore did not waive right to appeal sentence.
Criminal
Blaize v. State, No. 26S00-1410-LW-771, ___ N.E.3d ___ (Ind., March 1, 2016).
Trial judge’s comments to jury, though perhaps ill-advised, did not vouch for the credibility of the State’s cell-phone tower evidence and undermine Defendant’s alibi defense.
Jackson v. State, No. 48S02-1509-CR-554, ___ N.E.3d ___ (Ind., Mar. 2, 2016).
Under Indiana RICO offense, “continuity” is relevant to proving that the incidents of criminal conduct were “not isolated”; but unlike federal RICO, “continuity” is not itself a discrete element of the offense.
McElfresh v. State, No. 32S01-1511-CR-667, ___ N.E.3d ___ (Ind., March 3, 2016).
Even true statements may be coercive enough to influence a witness and will therefore support conviction for obstruction of justice if they were intended for that purpose.
Purdue v. State, No. 03A01-1508-CR-1154, ___ N.E.3d ___ (Ind. Ct. App., Feb. 24, 2016).
Defendant was entitled to credit for pretrial incarceration in connection with cause numbers dismissed in his plea agreement; the parties and court treated the cases as “related.”