2010 amendment of I.C. 35-38-2.6-6 providing for “credit time” for community corrections home detention is ameliorative and required credit for home detention served prior to the amendment when probation was revoked after effective date.
Criminal
Sharp . State, No. 12A02-1010-CR-1188, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).
Defendant’s convictions for Class A child molesting and Class C child molesting, alleged to have occurred during the same 13 month period, did not violate Indiana double jeopardy under the “actual evidence test.”
Berry v. State, No. 49A04-1008-CR-536, __ N.E.2d __ (Ind. Ct. App., July 20, 2011).
Reverses bench trial conviction and acquits defendant on the basis of caselaw “fixed insanity” doctrine that a “defendant who manifests a mental disease or defect, as opposed to intoxication, caused by prolonged and chronic alcohol abuse that renders him or her unable to distinguish right from wrong is not responsible for a crime committed while in that condition.”
Carpenter v. State, No. 49S02-1104-CR-198, __ N.E.2d __ (Ind., July 21, 2011)
“A complete review of Carpenter’s criminal history reveals that—although ample in number and clearly a recidivist—his crimes are of the type where a forty-year sentence is inappropriate.”
Bellamy v. State, No. 49A02-1011-CR-1214, __ N. E.2d __ (Ind. Ct. App., July 21, 2011).
When defendant had been warned he would be held in contempt if he failed to promptly appear for future scheduled proceedings, his appearance almost an hour late for his trial was properly punished summarily as direct criminal contempt.