Stalking conviction affirmed when alleged harassment included a twenty-two month hiatus, due largely to defendant’s incarceration.
Criminal
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.
In the Matter of Brizzi, No. 49S00-0910-DI-425, __ N.E.2d __ (Ind., Mar.13, 2012).
Prosecutor reprimanded for violating ethics limits on public statements about pending prosecutions.
Garrett v. State, No. 32A05-1105-CR-239, __ N.E.2d __ (Ind. Ct. App., Mar. 7, 2012).
When defendant passenger testified that the driver was the dealer of the methamphetamine in a make-up bag next to her purse and that he threatened to hurt her and her children if she did not say the meth belonged to her, there was a “serious evidentiary dispute” as to whether defendant had intent to deal the meth, as charged, and it was reversible error not to instruct on the lesser included of possession of methamphetamine.
Hoglund v. State, No. 90S02-1105-CR-294, __ N.E.2d __ (Ind., Mar. 8, 2012).
Testimony that a “child is not prone to exaggerate or fantasize about sexual matters” will no longer be allowed.