Consecutive habitual offender sentences are not authorized when related charges are tried in separate causes.
Criminal
Bailey v. State, No. 49S02-0812-CR-00630, __ N.E.2d __ (Ind., June 18, 2009)
Disorderly conduct’s “tumultuous conduct” may occur “when the aggressor appears well on his way to inflicting serious bodily injury but relents in the face of superior force or creative resistance.”
Mathews v. State, No. 01A02-0901-CR-44, __N.E.2d __ (Ind. Ct. App., June 18, 2009)
When probationer in open court was informed of date for revocation fact-finding hearing, and would have learned of the rescheduling of the hearing had she appeared on the original date scheduled, she could be tried in absentia when she did not appear at the rescheduled hearing.
Davis v. State, No. 45A03-0808-CR-407, __ N.E.2d __ (Ind. Ct. App., June 11, 2009)
Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.