When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”
Criminal
Ott v. State, No. 20A05-1306-CR-270, __ N.E.2d __ (Ind. Ct. App., Oct. 16, 2013).
Statute conferring discretion on court to convert a D felony to an A misdemeanor does not include convictions for offenses committed prior to July 1, 1977, when D felony classification became effective.
Barker v. State, No. 73A01-1212-CR-575, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2013).
“Whether home detention is imposed via a direct placement in a community corrections program or as a condition of probation, its accompanying statutory requirement that the detainee receive credit time militates toward counting it as part of the executed portion of his sentence.”
Clark v. State, No. 20S05-1301-CR-10, __ N.E.2d __ (Ind., Sept. 17, 2013).
Defendant’s conviction is reversed because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections.
McWhorter v. State, No. 33S01-1301-PC-7, __ N.E.2d __ (Ind., Sept. 12, 2013).
Adheres to Indiana position that verdicts are not reviewable for being “inconsistent, contradictory, or irreconcilable,” and holds that collateral estoppel does not prevent defendant acquitted of murder from being retried for manslaughter in this case.