Indiana Constitution’s double jeopardy protection permits defendant’s conviction of criminal confinement with a deadly weapon to be enhance for the use of a firearm.
Criminal
Bowling v. State, No. 68A05-0906-CR-306, __ N.E.2d. __ (Ind. Ct. App., Dec. 30, 2009)
Interstate Agreement on Detainers 180 day trial right is not triggered until prosecutor and court in prosecution state receive prisoner’s request for trial.
Mogg v. State, No. 29A04-0902-CR-82, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2009)
Proper showing was made for probation revocation evidence of alcohol use generated by Secure Continuous Remote Alcohol Monitor (“SCRAM”) bracelet.
Hevner v. State, No. 27S02-1001-CR-5, __ N.E.2d __ (Ind., Jan. 6, 2010)
Indiana Constitution’s ex post facto clause precludes application of a sex offender registration requirement enacted after the offense was committed.
Outlaw v. State, No. 49A02-0904-CR-340, __ N.E.2d __ (Ind. Ct. App., Dec. 18, 2009)
Evidence that defendant was intoxicated, without more, does not suffice to prove the “endangerment” element of A misdemeanor operating while intoxicated.