Indiana’s theft statute does not criminalize the taking of lost or mislaid property.
Criminal
Larkin v. State, 19A-CR-2705, __ N.E.3d __ (Ind. Ct. App., Nov. 09, 2020).
For the jury to receive an instruction on alleged lesser-included offense, the offense must either be an inherently or factually included offense to the principal charge and there must be a serious evidentiary dispute regarding the element that distinguishes the lesser offense from the principal charge. Moreover, a defendant must receive fair notice of the charge against which he must defend at trial.
Jones v. State, 20A-CR-664, __ N.E.3d __ (Ind. Ct. App., Nov. 2, 2020).
To prevent disclosure of a confidential informant’s identity, it is not enough to show that the CI’s identity might be revealed. Rather, it is the State’s burden to prove that the CI’s identity would be revealed as a result of a face-to-face interview.
Temme v. State, 20A-CR-275, __ N.E.3d __ (Ind. Ct. App., Oct. 20, 2020).
Because Indiana has a statutory scheme for the award of credit time, the equitable, common law doctrine of “credit for time erroneously at liberty,” does not apply.
Watson v. State, 20A-CR-1142, __ N.E.3d __ (Ind., Oct. 21, 2020).
While Criminal Rule 4(C) does not apply to habitual-offender retrials, the constitutional right to a speedy trial does.