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Case Clips

Published by the Indiana Office of Court Services

Criminal

Burton v. State, No. 45A03-1201-CR-6, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2012).

November 9, 2012 Filed Under: Criminal Tagged With: Appeals, J. Sharpnack

Indiana ex post facto law prohibits application of the sex offender registration laws to a resident convicted of a sex offense in another state before the enactment of both that state’s and Indiana’s registration acts.

Kane v. State, No. 30S04-1206-CR-372, ___ N.E.2d ___ (Ind., Oct. 30, 2012).

November 2, 2012 Filed Under: Criminal Tagged With: M. Massa, Supreme

Jury instruction regarding accomplice liability, without mention of intent, was an incorrect statement of law, and the error was not harmless.

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.

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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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