After alleged victim testified she remembered that defendant’s vaginal molestation did not include touching her in other ways, it was error to allow her pretrial statement to the contrary into evidence to “refresh” her recollection.
Criminal
Johnson v. State, No. 53S01-1106-CR-335, __ N.E.2d __ (Ind., June 8, 2011)
A judge who receives complaints from a defendant that a public defender, known to have been dilatory in other situations, is neglecting the case “must at the very least receive assurances from the public defender’s office that the complaint has been adequately addressed.”
Arthur v. State, No. 28A01-1008-CR-489, __ N.E.2d __ (Ind. Ct. App., June 8, 2011)
2010 community corrections home detention credit time amendment is not limited only to persons subject to an IC 35-38-2.6-1 “direct commitment” to community corrections, as “it would indeed be illogical to interpret the statute so as to allow the offender to earn credit time when placed on a home detention community corrections program only if it is a direct placement of an offender who has committed an offense for which no portion of the sentence may be suspended.”
Sloan v. State, No. 18S04-1009-CR-502, __ N.E.2d __ (Ind., June 1, 2011)
“[O]nce concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code section 35-41-4-2(h) (2008) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant.”
Vance v. State, 18A04-1011-CR-701, __N.E.2d __ (Ind. Ct. App., June 1, 2011)
RILEY, J STATEMENT OF THE CASE Appellant-Defendant, Eddie Vance, Jr. (Vance), appeals the trial court’s decision to recommit him to the Department of Correction (DOC) following a guilty plea. We affirm.