Remands for a new restitution hearing to allow presentation of additional evidence on losses compensable through restitution, when evidence presented at initial hearing was held insufficient by the Court of Appeals.
Criminal
Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).
Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”
Curtis v. State, No. 49A02-1203-MI-271, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
Forfeiture of a vehicle used to sell pirated films is not authorized.
Alden v. State, No. 30A01-1209-CR-412, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
New statutory discretion for a judge to convert a D felony conviction to a Class A misdemeanor conviction does not mandate that a judge order such a conversion.
Doe v. Prosecutor, Marion County, Indiana, No. 12-2512, __ F.3d __ (7th Cir., Jan. 23, 2013).
The First Amendment is violated by Ind. Code 35-42-4-12, which imposes A misdemeanor or D felony liability on certain sex offenders who use social networking web sites or instant messaging or chat room programs which the offenders know allow use by persons under eighteen.