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)[.]”
Criminal
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.
Combs v. State, No. 19A-CR-1991, __ N.E.3d __ (Ind. Ct. App., Jul. 9, 2020).
An inventory search must serve a legitimate administrative purpose and not be a pretext for an investigatory warrantless search.
McCain v. State, No. 20S-CR-281, __ N.E.3d __ (Ind., June 30, 2020).
Trial court’s comments disagreeing with the jury’s verdict were insufficient to taint the sentencing decision, and the sentence was not inappropriate given the nature of the crime and defendant’s demonstrated character