“[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.”
Criminal
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.
Ault v. State, No. 49A04-1008-CR-492, __N.E.2d __ (Ind. Ct. App., June 2, 2011)
Defendant’s testimony is not necessary for establishing self-defense, but defendant’s subjective state of mind may be inferred from the circumstances to establish self-defense.
Kendrick v. State, No. 49A02-1003-CR-300, __ N.E.2d __ (Ind. Ct. App., May 26, 2011)
When defendant shot a pregnant bank teller in the abdomen, causing the death of her twins, Indiana Double Jeopardy permitted a sentence only for attempted murder of the teller and required vacation of the sentences on two counts of feticide.
Barnes v. State, No. 82S05-1007-CR-343, __ N.E.2d __ (Ind., May 12, 2011)
Affirms trial court refusal to instruct on right to resist illegal police entry of home, as “a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.”