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Case Clips

Published by the Indiana Office of Court Services

Criminal

Tolliver v. State, No. 45A03-0906-CR-250, __ N.E.2d __ (Ind. Ct. App., Mar. 18, 2010)

March 19, 2010 Filed Under: Criminal Tagged With: Appeals, C. Bradford

Allowing police officer to testify as an expert on “body language” bearing on credibility was error, but testimony officer actually gave was admissible lay opinion evidence about physical behavior indicating reluctance to cooperate.

Dowell v. State, No. 32S01–1003–PC–136, __ N.E.2d __ (Ind., Mar. 10, 2010)

March 12, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Expressly adopts “prison mailbox rule” for filings under the appellate rules, but as filing of motion to correct error is subject to the Trial Rules the prisoner’s use of regular mail, rather than registered or certified mail, meant the motion was not filed until received by clerk and here was untimely.

State v. Shackleford, No. 10A01-0907-PC-353, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)

March 12, 2010 Filed Under: Criminal Tagged With: Appeals, J. Baker

Affirms denial of Post-Conviction Rule 1 motion for change of judge.

Runyon v. State, No. 57A04-0910-CR-575, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)

March 12, 2010 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

When a person convicted of nonsupport of a dependent must pay support as a condition of probation, he has the burden to prove he was unable to pay at a revocation for having failed to make the support payments.

King v. State, No. 49S04-0911-CR-507, __ N.E.2d __ (Ind., Mar. 2, 2010)

March 5, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Holds that the crime of attempted dissemination of matter harmful to minors can be committed when the harmful matter is sent to a police officer posing as a minor.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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