Evidence that marijuana blunt was in plain view on center console between driver and defendant passenger, coupled with testimony of strong marijuana smell in vehicle, was sufficient to prove defendant constructively possessed the marijuana; distinguishes Gray v. State.
Criminal
Adams v. State, No. 29A02-1008-CR-903, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2011)
Evidence that a jar of marijuana was found on car floor in front of defendant passenger’s seat established that the car was “used” to commit possession of marijuana, so that the defendant’s license could be suspended under IC 34-48-4-15.
Smith v. State, No. 35A02-1008-CR-996, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
To revoke probation for failure to comply with the condition to pay child support, the State has burden to prove by a preponderance 1) less than full payment, and 2) the less than full payment was made recklessly, knowingly, or intentionally, which requires the State to prove the probationer’s ability to pay.
McWhorter v. State, No. 33A05-1010-PC-685, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
When defendant admitted he broke into a home without permission, his statement that he was confused about where he was at the time did not amount to an avowal of innocence preventing a guilty plea.
Green v. State, No. 49A05-1006-CR-382, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)
Defendant committed forgery when he used another person’s credit card at an electronic point of sale terminal and electronically signed the other person’s name on a credit card receipt.