Prosecutor’s improper comments amounted to fundamental error.
Criminal
Dexter v. State, No. 79A04-1212-CR-611, __ N.E.2d __ (Ind. Ct. App., July 22, 2013).
Certified transcript of guilty plea and sentencing hearing sufficed as proof of a prior unrelated conviction for habitual offender status.
Sugg v. State, No. 31A05-1208-CR-397, __ N.E.2d __ (Ind. Ct. App., July 24, 2013).
Applies, as a matter of first impression in Indiana, U.S. Supreme Court’s McArthur decision that “a police officer’s refusal to allow a defendant to enter his or her residence without a police officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.”
Patton v. State, No. 17A05-1210-CR-538, __ N.E.2d __ (Ind. Ct. App., July 9, 2013).
Affirms probation condition prohibiting child sex offender from accessing Internet sites and programs in which children are likely to participate.
Passwater v. State, No. 48S05-1210-PC-583, __ N.E.2d __ (Ind., June 28, 2013).
Approves Indiana Pattern Jury Instruction on penal consequences of verdicts of not responsible by reason of insanity or guilty but mentally ill.