Officer who witnessed what appeared to be a parking infraction, but could not investigate further to issue a citation before the vehicle drove off, properly stopped the vehicle to issue the complaint and summons.
Criminal
Akard v. State, No. 79S02-1009-CR-478, __ N.E.2d __ (Ind., Dec. 9, 2010)
An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.
Britt v. State, No. 02A03-1004-CR-253, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Britt v. State (Ind. Ct. App., Mathias, J.)-When robbery defendant called his brother as a witness and did not attack the brother’s credibility, the brother’s prior robbery conviction was inadmissible character evidence.
Segar v. State, No. 49A02-1003-CR-269, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Defendant did not waive his objection to the admission of the marijuana found on his person when he earlier made no objection to officers’ “foundational” testimony that material in his pocket “resembled” and “was believed to be” marijuana.
Kocielko v. State, No. 20A03-1002-CR-218, __ N.E.2d __ (Ind. Ct. App., Dec. 2, 2010)
Defendant convicted of both deviate sexual conduct and fondling has the fondling conviction reversed, under the rule that multiple convictions cannot be imposed for the “same injurious consequences sustained by the same victim during a single confrontation.”