Defendant in a sex offender registration prosecution waived any ex post facto objection to the registration offense’s application to him when he pled guilty to the offense pursuant to a plea agreement which conferred benefits on him.
Criminal
Johnson v. State, No. 71A04-1103-CR-194, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2011).
Indiana probationer, placed in Michigan under Interstate Compact, could not avoid revocation by arguing his arrest and return for probation violation did not comply with Compact provision on probable cause hearing after retaking.
Gray v. State, No. 82S01-1106-CR-328, __ N.E.2d __ (Ind., Nov. 22, 2011).
Affirms bench trial conviction of apartment owner for possessing marijuana found under coffee table by which two teenagers were sitting.
Camm v. State, No. 87A01-1102-CR-25, __ N.E.2d __ (Ind. Ct. App., Nov. , 2011).
Prosecutor’s having signed a contract to write a book about the prosecution, along with indications he still intended to write the book after the second retrial was completed, was an “actual conflict of interest” warranting his replacement with a special prosecutor.
Brent v. State, No. 34A04-1105-CR-268, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Marijuana found on street on passenger’s side of auto, where it may have been thrown from passenger’s window, coupled with driver’s suspicious behavior, was not sufficient to establish the passenger possessed the marijuana.