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.
Criminal
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.
McCaa v. State, No. 56A04-1107-CR-341, __ N.E.2d __ (Ind. Ct. App., Jan. 30, 2012).
Officer did not violate Fourth Amendment or Indiana Constitution by having defendant drive his truck two miles down the road to a gas station to continue the investigatory stop made on reasonable suspicion, when the truck was blocking the single lane of traffic, it was raining, and the defendant’s driving posed no severe risks.