Plea agreement for state to “recommend†a fixed sentence was not an “open†plea leaving the trial court with discretion on sentence.
Criminal
Dunn v. State, No. 20A03-0807-CR-362, __N.E.2d __ (Ind. Ct. App., Feb. 18, 2009)
Statutory consecutive sentence limitations applicable only to felonies did not preclude sentence that three one year misdemeanors sentences be consecutive.
Pelley v. State, No. 71S05-0808-CR-446, __ N.E.2d __ (Ind., Feb. 19, 2009)
Criminal Rule 4(C)’s one-year limitation does not include the time during which trial proceedings have been stayed pending interlocutory appeal. Appointment of a special prosecutor was not required under an appearance of impropriety standard when circumstances indicated regular prosecutor had no actual conflict.
State v. Brown, No. 38A05-0810-CR-573, __ N.E.2d __ (Ind. Ct. App., Feb. 9, 2009)
After officers had completed their response to a complaint about a noisy party and were leaving the site, their demand to see the license of a motorist who was arriving at the party was an unreasonable search under the Indiana Constitution.
McCullough v. State, No. 49S02-0809-CR-508, __ N.E.2d (Ind., Feb. 10, 2009)
(1) in the exercise of the appellate authority to review and revise criminal sentences, a court may decrease or increase the sentence; (2) the State may not by appeal or cross-appeal initiate a challenge to a sentence imposed by a trial court; and (3) if a defendant seeks appellate review and revision of a sentence, the State may respond and urge the imposition of a greater sentence without the necessity of proceeding by cross-appeal.