State cannot appeal the denial of a motion to correct error, so that here motion to correct aimed at successful motion to suppress could not be appealed and appeal of suppression motion itself was untimely.
Criminal
McCarter v. State, No. 26A04-1106-CR-409, __ N.E.2d __ (Ind. Ct. App., Feb. 7, 2012).
Evidence defendant grabbed victim’s buttocks was insufficient to prove the sexual battery element that victim was compelled by force or threat of force to submit to the battery.
Shuai v. State, No. 49A02-1106-CR-486, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2012).
Trial court properly denied motion to dismiss murder and attempted feticide charges based on defendant’s having ingested rat poison to commit suicide and cause death of her third trimester fetus, which allegedly died a few days after birth from hemorrhage allegedly caused by the rat poison.
White v. State, No. 18A05-1108-CR-439, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2012).
Credit restricted felon definition does not require that its components also have been elements of the offense defendant committed.
Jennings v. State, No. 53A01-1010-CR-541, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2010).
Misdemeanor sentencing addressed on rehearing.