Presumption of prosecutorial vindictiveness was not shown when State refiled recidivist allegations for the retrial after the court had declared a mistrial because the jury could not reach a verdict.
Criminal
Lebo v. State, No. 46A05-1202-CR-104, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2012).
The B misdemeanor offense of failure to report child abuse or neglect is a continuing offense, and hence is not subject to the misdemeanor statute of limitations.
White v. State, No. 90A04-1111-CR-621, __N.E.2d __ (Ind. Ct. App., Nov. 21,2012),
Statements of murder victim were properly admitted under Evidence Rule 804(b)(5), the “forfeiture by wrongdoing” hearsay exception.
Andrews v. State, No. 29A02-1112-MI-1166, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2012).
Federal sex offender registry statutes and their obligations for defendant did not affect the Indiana law conclusion that a state resident whose out-of-state sex offense conviction predated Indiana sex offender registry statutes could not, under the Indiana Constitution ex post facto Wallace holding, be required to register on the Indiana registry.
Couch v. State, No. 48A04-1204-CR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2012).
At sentencing the court heard testimony about other victims’ molestations, which were not to be charged under the plea bargain; caselaw holds conduct for which charges are avoided under a bargain cannot be used to give longer sentences, but here nothing in the record indicated the court considered the testimony as an aggravating factor.