The 2010 amendment providing credit time for persons on electronic home monitoring as a direct commitment to community corrections does not apply retroactively.
Criminal
Beeler v. State, No. 49A05-1007-CR-456, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)
The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.
Boston v. State, No. 32A01-1008-CR-421, __ N.E.2d __ (Ind. Ct. App., Apr. 13, 2011)
2010 amendment of statute on required methods for blood draws to test for intoxication is remedial, so the amendment, as an evidence rule, applied to the method used to draw Boston’s blood in his OWI prosecution, when the amendment was enacted after the blood test but took effect prior to the trial.
Mitchell v. State, No. 49A02-1003-CR-340, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2011)
Traditional rule that a post-conviction court may not take judicial of the transcript in the original proceedings appears to have been ended by the 2010 amendment to Evidence Rule 201(b)(5) allowing judicial notice of “records of a court of this state,” but since petitioner did not request judicial notice and court did not sua sponte take it the transcript was not in evidence in the post-conviction proceeding.
Dawson v. State, No. 49S02-1103-CR-176, __ N.E.2d __ (Ind., March 29, 2011)
P-C.R. 2 does not allow belated appeals from orders revoking probation.