A person convicted of attempted child molesting is not per se a credit restricted felon.
Criminal
Sanjari v. State, No. 20A03-1206-CR-273, __ N.E.2d __ (Ind. Ct. App., Jan. 15, 2013).
When a trial court resentences multiple counts on remand, no presumption of vindictive sentencing arises if the aggregate resentence is not greater than the original aggregate sentence.
Gonzalez v. State, No. 45S03-1206-CR-307, __ N.E.2d __ (Ind., Jan. 10, 2013).
Retroactive imposition of a lifetime sex offender registration requirement, when the offender has no remedy for relief from registration on the bases of rehabilitation and no risk to the public, violates the Indiana Constitution Ex Post Facto Clause.
Tipton v. State, No. 47A01-1201-CR-4, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.
Austin v. State, No. 20A03-1112-CR-588, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.