Evidence of numerous acts of defendant’s sexual intercourse with his daughter left “no reasonable possibility” that the jury relied upon the same acts in finding defendant guilty of incest and child molesting, so that Indiana double jeopardy protection did not prohibit convictions for both offenses.
Criminal
Austin v. State, No. 20S03-1303-CR-158, __ N.E.2d __ (Ind., Nov. 15, 2013).
State Police search of truck following permissible sequential stops for traffic violations complied with Indiana Constitution protection against unreasonable search and seizure. Also, reviews and applies standards for prioritized treatment of Criminal Rule 4(b) motions for trial within seventy days.
Cross v. State, No. 73A01-1303-CR-134, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2013).
Rejects argument that punishment under current cocaine A felonies is disproportionate because penal code revisions effective July 1, 2014 reflect General Assembly determination of disproportionality.
Lane v. State, No. 82A05-1212-CR-640, __ N.E.2d __ (Ind. Ct. App., Oct. 25, 2013).
Evidence which is “testimonial” under the Crawford Sixth Amendment Confrontation Clause analysis is admissible under the “open the door” principle, but only as long as the waiver of confrontation entailed in “opening the door” is “clear and intentional.”
Griffin v. State, No. 49A02-1212-CR-964, __ N.E.2d_ (Ind. Ct. App., Oct. 23, 2013).
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.”