In prosecution for burglary and attempted rape, Defendant’s alleged “peeping” at another home in the same neighborhood 56 days later was inadmissible because it was not “strikingly similar” to the charged offense; but conclusive DNA evidence rendered the error harmless.
Criminal
Gibson v. State, No. 39S05-1509-CR-517, ___ N.E.3d ___ (Ind. Ct. App., Aug. 31, 2015).
Pulling the victim to the ground during the course of a battery was insufficient to establish D-felony criminal confinement by removal under I.C. § 35-42-3-3(a)(2).
Ryan v. State, No. 49A02-1501-CR-2, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
Under Ind. Code § 35-33-9-5(c) and App. R. 18, defendants cannot earn credit time while released on appeal bond, regardless of allegedly onerous nature of bond conditions; instead, reasonableness of conditions must be challenged immediately by motion to reconsider or appeal under App. R. 18.
Wharton v. State, No. 49A02-1502-CR-85, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
“Open plea” of guilty to multiple OWI charges did not waive defendant’s double-jeopardy challenge to those convictions.
Curtis v. State, No. 18A02-1501-CR-59, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
Robbing a pharmacist of painkillers, robbing a pharmacy technician of her car keys, then stealing the technician’s car parked outside the pharmacy, were separate and distinct criminal acts and did not amount to a “single larceny.”