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.”
Criminal
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.
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.