When defendant was charged with both greater and lesser included offenses, and the jury hung on the greater offenses but convicted on the lessers, because the trial court did not enter judgment on the lesser I.C. 35-41-4-3 did not bar retrial of the greater offenses.
Criminal
Campbell v. State, No. 13A05-1304-PC-201, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2014).
Suggests a modification to Pattern Jury Instruction 9.05 on the definition of “intentionally.”
Meadows v. State, No. 39A01-1305-CR-215, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2014).
Statutes mandating credit for time served for probation and community corrections do not apply to a person in a conviction-deferral drug court program, so that it was within the program judge’s discretion to refuse to award credit for time served when the court terminated the defendant’s placement in the program.
Aslinger v. State, No. 35A02-1303-CR-296, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.