Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.
Criminal
Ryan v. State, No. 49A02-1211-CR-932, __ N.E.2 __ (Ind. Ct. App., July 31, 2013).
Prosecutor’s improper comments amounted to fundamental error.
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.