2014 amendment to sentence-modification statute did not apply retroactively; therefore, defendants’ petitions were properly denied for lack of prosecutorial consent.
Criminal
State v. Stevens, No. 62A01-1406-CR-268, ___ N.E.3d ___ (Ind. Ct. App., June 12, 2015).
IDACS criminal-history data that defendant had out-of-state methamphetamine conviction, though inaccurate, gave probable cause to arrest him for attempted possession of a precursor; police had no duty to confirm accuracy of the data.
Lewis v. State, No. 45S00-1312-LW-512, ___ N.E.3d ___ (Ind. June 17, 2015).
LWOP sentencing order was deficient for failure to include judge’s personal statement that LWOP was the appropriate sentence.
Kemper v. State, No. 15A01-1408-CR-340, ___ N.E.3d ___ (Ind. Ct. App. June 17, 2015).
State presented insufficient evidence that defendant conspired to commit robbery; alleged co-conspirator’s guilty plea to conspiracy could not be considered as substantive evidence against defendant, and remaining evidence was insufficient to show agreement to rob.
Ammons v. State, No. 45A03-1411-CR-394, ___ N.E.3d ___ (Ind. Ct. App. June 17, 2015).
Sex Offender Registration Act was not unconstitutional ex post facto punishment as applied, even though defendant’s offenses were in 1988 and SORA was not enacted until 1994; the seven Mendoza-Martinez factors, including seventh “excessiveness” element that is “accorded special weight,” balanced in favor of finding registration non-punitive.