Habitual offender enhancement may not be imposed on conviction of possession of a firearm by a serious violent felon.
Criminal
Castillo v. State, No. 45S00-1102-LW-110, __ N.E.2d __ (Ind., July 31, 2012).
When evidence showed defendant’s boyfriend killed her child and that she was an accomplice to the murder, the life without parole sentence for her was inappropriate; revises murder sentence to 65 years.
Conley v. State, No. 58S00-1011-CR-634, __ N.E.2d __ (Ind., July 31, 2012).
Life without parole sentence was appropriate and constitutional for seventeen and a half-year old who murdered his ten-year old brother.
Cottingham v. State, No. 06S01-1112-CR-703, __ N.E.2d __ (Ind., July 26, 2012).
A person who was placed on community corrections home detention prior to July 1, 2010 is not entitled to “good time credit” for the time on home detention.
Smith v. State, No. 49S02-1109-CR-529, __ N.E.2d __ (Ind., July 26, 2012).
Rejects defendant’s argument that the Crawford confrontation decision should alter the “substantially trustworthy” standard for the due process confrontation right in a community corrections revocation, and holds that drug screen evidence was shown by affidavit of laboratory supervisor to have met the “substantially trustworthy” test.