[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.
Criminal
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.
Jensen v. State, No. 02S04-0803-CR-137, __ N.E.2d __ (Ind., Apr. 30, 2009)
The Indiana Ex Post Facto Clause was not violated by application of the 2006 sexually violent predator lifetime registration requirement to a person required to register as a sex offender for ten years under the law in effect when his sex offenses were committed.
Hayworth v. State, No. 07A01-0804-CR-197, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2009)
Continuing objection procedure requires counsel to remain silent during the subsequent admission of the class of evidence subject to the objection. Search warrant affidavit did not establish probable cause due to insufficient corroboration of informant’s statements. Affiant detective’s misleading statements amounted to deliberate, reckless, or grossly negligent conduct which “good faith” doctrine would not excuse to save the search.