Visiting a common nuisance and dealing in heroin should have been charged together, and accordingly the heroin dealing charge was barred by the Successive Prosecution Statute.
Criminal
Garrett v. State, No. 49A02-1101-CR-1, __ N.E.2d __ (Ind. Ct. App., Oct. 26, 2011).
Defendant did not have a right to resist law enforcement officer’s placing her in handcuffs when officer was responding to a domestic violence report.
Jennings v. State, No. 53A01-1010-CR-541, __ N.E.2d __ (Ind. Ct. App., October 27, 2011).
B misdemeanor sentence of 30 executed, 150 suspended, and 365 probation exceeded the statutory one year maximum combined imprisonment and probation limit.
Hamilton v. State, No. 49S02-1110-CR-621, __ N.E.2d __ (Ind., Oct. 19, 2011).
Defendant’s A felony child molesting sentence is revised from the fifty year maximum to thirty-five years.
Brock v. State, No. 38S02-1101-CR-8, __ N.E.2d __ (Ind., Oct. 18, 2011).
Defendant had no opportunity to object to the court’s declaration of a mistrial and accordingly cannot be said to have consented to it by failure to timely object, but the repeated improper comments by defense counsel in trial warranted the trial court’s declaration of a mistrial without defense consent, under the manifest necessity standard.