Loud accusations that traffic stop was racially motivated could not support conviction for disorderly conduct; statements were protected political speech and constituted no more than “fleeting annoyance” to bystanders.
Criminal
Johnson v. State, No. 48A05-1408-CR-390, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
2014 amendment to sentence-modification statute did not apply retroactively; therefore, defendants’ petitions were properly denied for lack of prosecutorial consent.
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.