While it is well settled that if the elected prosecutor has a conflict of interest, the whole office is disqualified; it is not necessary to disqualify the whole office if one deputy has a conflict of interest.
Criminal
Willet v. State, No. 19A-CR-2699, __ N.E.3d __ (Ind. Ct. App., Jul. 31, 2020).
Petition which challenges release date of parole based on a claim that Petitioner’s sentence has expired, is properly filed as a habeas corpus petition
Spencer v. State, No. 20A-MI-636, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2020).
To be a sexually violent predator as defined by Indiana Code Section 35-38-1-7.5, a defendant must have committed a crime that is substantially equivalent to the offenses listed in subsections (A) through (J) of the statute, and for child molesting “as a…Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014)[.]”
Elliott v. State, No. 19A-CR-2498, __ N.E.3d __ (Ind. Ct. App., Jul. 17, 2020).
The clergyman privilege applies only to confidential communications made to a clergyman in the clergyman’s professional character as a spiritual adviser or counselor and confessions or admissions made to a clergyman in the course of discipline enjoined by the clergyman’s church.
Mullins v. State, No. 20S-CR-451, __ N.E.3d __ (Ind., Jul. 6, 2020).
Defendant’s 24½-year sentence, based on multiple controlled buys of methamphetamine over a two-week period and the resulting traffic stop, which uncovered additional contraband, was inappropriate.