Failure to support children in three separate households was not a single episode of criminal conduct for purposes of consecutive sentencing.
Criminal
George v. State, No. 73A05-0808-CR-503, __ N.E.2d __ (Ind. Ct. App., Feb. 24, 2009)
Having a pharmacist determine the chemical composition of pills properly seized in an inventory search did not violate the Fourth Amendment or Art. 1, Section 11 of the Indiana Constitution.
House v. State, No. 48A02-0806-CR-537, __ N.E.2d __ (Ind. Ct. App., Feb. 24, 2009)
A defendant imprisoned due to violating the terms and conditions of a drug court is entitled to credit time, but the credit time for any period of sanction imposed by the drug court may be waived by the defendant’s drug court agreement.
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Feb. 25, 2009)
Forgery, based on intent to defraud, cannot be committed by making a representation recklessly without regard to its truth or falsity.
Kuhn v. State, No. 18A05-0805-PC-257, __ N.E.2d __ (Ind. Ct. App., Feb. 12, 2009)
When pro se post-conviction relief petition raised issues of fact about effective assistance of counsel, the trial court erred when it did not arrange for the petitioner’s participation in the hearing on the issues.