Fact that physician had a busy schedule, without a showing that she could not have rearranged the schedule or that she was subpoenaed, did not make her “unavailable” such that her videotaped deposition could be admitted without violating the Confrontation Clause.
Criminal
Whatley v. State, No. 49A02-0809-CR-808, __ N.E.2d __ (Ind. Ct. App., May 21, 2009)
Fact church was used for some secular activities, such as Girl Scouts, did not change it into a “youth program facility” “drug free zone” supporting enhancement of cocaine sentence.
Hardley v. State, No. 49S05-0905-CR-209, __ N.E.2d __ (Ind., May 5, 2009)
[T]he State may challenge the legality of a criminal sentence by appeal without first filing a motion to correct erroneous sentence, and . . . such appeal need not be commenced within thirty days of the sentencing judgment.
Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)
Application of “credit restricted felon†statute to offense committed before statute’s effective date violated ex post facto prohibition.
Wallace v. State, No. 49S02-0803-CR-138, __ N.E.2d __ (Ind., Apr. 30, 2009)
Application of the Sex Offender Registration Act to a person whose sex offense predated the Act violates the Indiana Constitution’s Ex Post Facto Clause.