Savings statute for the revised penal code prohibited application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify for a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.
Criminal
Smith v. State, No. 49A05-1409-CR-400, __ N.E.3d __ (Ind. Ct. App., May 13, 2015).
Affirms trial court decision that facts of case did not support defense of reasonable parental discipline.
Grott v. State, No. 64A04-1408-CR-395, __N.E.3d __ (Ind. Ct. App., May 7, 2015).
Jury had sufficient evidence to convict defendant of auto theft when defendant failed to return a rental car by the agreed-upon date.
Suggs v. State, No. 02A03-1412-CR-440, __N.E.3d __ (Ind. Ct. App., May 7, 2015).
An attenuated familial relationship is sufficient for the definition of family or household member (Ind. Code 35-31.5-2-128) for a Level 6 felony battery.
Stephenson v. State, No. 15S00-1401-LW-40, __ N.E.3d __ (Ind., Apr. 23, 2015).
“We decline to find that the mere existence of an attempted suicide, without more, is relevant evidence of a person’s guilty conscience about committing a charged crime,” but in this case Defendant’s suicide attempt approximately a month after the alleged murder was properly admitted as relevant to his motive for committing the crime.