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Case Clips

Published by the Indiana Office of Court Services

Criminal

Killibrew v. State, No. 34A02-1204-CR-303, __ N.E.2d __ (Ind. Ct. App., Oct. 19, 2012)

October 25, 2012 Filed Under: Criminal Tagged With: Appeals, P. Riley

“[C]ontinuous use of a turn signal without turning or switching lanes” is not a traffic infraction and did not suggest impairment which would justify an investigatory stop.

Garcia v. State, No. 20A04-1202-CR-257, __ N.E.2d __ (Ind. Ct. App., Oct. 9, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, M. Barnes

For purposes of C felony criminal recklessness by shooting a firearm into a “place where people are likely to gather,” a motor vehicle can be such a “place.”

Godby v. State, No. 33A01-1203-CR-128, — N.E.2d __ (Ind. Ct. App., Oct. 10, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, E. Friedlander

Because costs are not part of a criminal sentence, asserted errors in the costs imposed may not be raised in a motion to correct erroneous sentence.

Lyons v. State, No. 76A03-1112-CR-582, __ N.E.2d __ (Ind. Ct. App., Oct. 11, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, J. Baker

Clinical psychologist’s testimony about general characteristics common to child abuse victims was properly admitted as Evidence Rule 702(a) expert “specialized knowledge” which was based on observations of victims and accordingly was not “scientific.”

West v. State, No. 11A01-1203-CR-123, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2012).

October 5, 2012 Filed Under: Criminal Tagged With: Appeals, R. Shepard

Trial court’s failure to rule within a year after hearing motion to suppress, when defense motion for continuance was made at court’s urging pending ruling on the motion, required defendant’s discharge under Criminal Rule 4(C)’s one year trial rule.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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