To receive an increased sentence under Ind. Code § 35-50-2-4(c) for Level 1 felony child molesting, Apprendi mandates that a victim’s age is a fact that must be determined by the fact-finder.
Criminal
Parker v. State, No. 21A-CR-1643, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2022).
A defendant cannot avail himself the rulings in another case involving another party in his own criminal case. There must be an identity of parties or their privies and mutuality of estoppel for another ruling to have preclusive effect in a criminal case.
State v. $2,435 in U.S Currency, No. 22A-CR-00578, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2022).
It is well-settled that the State’s civil forfeiture complaints are outside of Article 1, Section 20, and are equitable claims to be tried by the court.
Haslam v. State, No. 22A-CR-00911, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2022).
Credit time earned while confined on home detention as a condition of probation reduces the length of home detention, not the length of the probation.
Minges v. State, No. 22S-CR-285, __ N.E.3d __ (Ind., Aug. 23, 2022).
Trial Rule 26(B)(3) provides adequate guidance for the trial court to determine—on a case-by-case basis—whether a police report is protectible work product; overruling State ex rel. Keaton v. Cir. Ct. of Rush Cnty., 475 N.E.2d 1146 (Ind. 1985).