U.S. Supreme Court’s verdict unanimity requirement for individual components of a continuing criminal enterprise under federal criminal law is not applicable to Indiana child molesting cases.
Criminal
Whatley v. State, No. 49S02-0908-CR-379, __ N.E.2d __ (Ind., June 8, 2010)
Church with an active youth program was a “youth program center” for purposes of drug offense enhancement.
Malenchik v. State, No. 79S02-0908-CR-365, __ N.E.2d __ (Ind., 2010)
“[R]esults of LSI-R and SASSI offender assessment instruments are appropriate supplemental tools for judicial consideration at sentencing.”
J.S. v. State, No. 79S02-1006-CR-296, __ N.E.2d __ (Ind., June 9, 2010)
“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”
Dept. of Correction v. Haley, No. 56A03-0911-CR-553, __ N.E.2d __ (Ind. Ct. App., June 9, 2010)
In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.