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.
Criminal
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.
Boling v. State, No. 20A04-1205-CR-237, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2013).
A person convicted of attempted child molesting is not per se a credit restricted felon.
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.