A probation condition that requires a defendant to refrain from visiting “businesses that sell sexual devices or aids” is unconstitutionally vague.
Criminal
State v. Ellis, No. 20A-CR-61, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2020).
Community corrections participants “who have consented or been clearly informed that the conditions of their…community corrections program unambiguously authorize warrantless and suspicionless searches may thereafter be subject to such searches during the period of their . . . community corrections status.”
State v. Herrmann, No. 20A-CR-307, __ N.E.3d __ (Ind. Ct. App., Jul. 29, 2020).
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.
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)[.]”