Jury instruction defining “dwelling” element of B-felony burglary was misleading and invaded the province of the jury. Burglary convictions therefore had to be reduced to Class C felonies.
Criminal
Montgomery v. Louisiana, No. 14-280, ___ U.S. ___, (Jan. 25, 2016).
Miller v. Alabama’s prohibition on mandatory life without parole for juvenile offenders announced a new substantive, not procedural, rule. Miller is therefore retroactive in cases of state collateral review.
Musacchio v. United States, No. 14-1095, ___ U.S. ___, (Jan. 25, 2016).
Sufficiency of evidence review does not depend on how jury was instructed; it is judged against essential elements of the offense, not against erroneous jury instruction that included an additional element.
Statute of limitations defense was not jurisdictional and therefore could not be raised for the first time on appeal.
Jason Hansbrough v. State, No. 29A04-1508-CR-1121, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Dog sniff did not prolong Defendant’s traffic stop in violation of his constitutional rights.
Ronald L. Sanford, Jr. v. State, No. 49A05-1506-PC-485, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Trial court was within its discretion to find that defendant was not “diligent” in pursuing belated appeal under P-C.R. 2, which is exclusive means to reinstate untimely appeal in criminal cases; relief under In re Adoption of O.R. (Ind. 2014) is limited to civil cases.