Fact that maximum potential sentence of 88 years included 30 years for an invalid habitual offender allegation, which defense counsel failed to observe, did not entitle defendant to relief from his bargained sentence of 28 years, as defendant failed to show that a reasonable defendant would have refused to plead guilty had he known the correct maximum was 58 years.
Criminal
Reeves v. State, No. 77A04-1005-CR-292, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)
Use of the crime concealment exception to the statute of limitations requires the State to allege in its charge facts which would establish concealment.
Bunch v. State, No. 49A04-1002-CR-120, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)
Successive confinement of the victim in different places in her home during a burglary/robbery was a single episode of confinement, so that Indiana Double Jeopardy prohibited separate confinement convictions for the confinements in different rooms.
Cranston v. State, No. 29A02-1003-CR-374, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)
Datamaster evidence ticket is not “testimonial hearsay” under the Crawford Confrontation Clause holding.
Thomas v. State, No. 49A02-1002-CR-105, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)
Vacates invasion of privacy conviction for protection order subject’s “stop calling me, fagot [sic]” remark to protected person during a court hearing, on basis direct contempt was “more appropriate” remedy.