Based on legislative policy in savings clauses for new penal code, determines not to consider new code penalties in evaluating appropriateness of sentence under Appellate Rule 7(B).
Criminal
Layman v. State, No. 20A04-1310-CR-518, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2014).
Multiple opinion decision affirms felony murder convictions of waived juveniles when the death resulted from burglary victim’s shooting of defendants’ accomplice.
State v. Greene, No. 49S02-1403-PC-172, __ N.E.3d __ (Ind., Sept. 17, 2014).
Rejects defendant’s claim that attorneys were ineffective for not arguing a certain case because defendant mischaracterized that case.
Cross v. State, No. 73S01-1401-CR-29, __ N.E.3d __ (Ind., Sept. 3, 2014).
Firearm sentence enhancement and handgun without a permit conviction were based on the same behavior in violation of Indiana common law rule supplementing Indiana Double Jeopardy protection.
Hall v. State, No. 49A05-1312-CR-614, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Trial court erred in excluding phone call transcript containing information about alleged molesting victim’s apparent false accusation of nonconsensual sex with another individual; also holds trial court erred in not compelling a party to the phone call to answer deposition questions about the call.