Judicial estoppel does not apply against the state in juvenile delinquency proceedings.
Criminal
Pierce v. State, No. 78S05-1407-CR-460, __ N.E.3d__ (Ind., May 12, 2015).
Because defendant grandfather’s molestations of his granddaughters were sufficiently “connected together” under the joinder statute, he had no right to have the molestation charges severed for trial on the basis they were joined only because they were “of the same or similar character.”
Carr v. State, No. 45A04-1409-CR-456, __ N.E.3d __ (Ind. Ct. App., May 12, 2015).
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.
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.