Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.
Criminal
Easler v. State, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 8, 2019
The trial court properly denied defendant’s request to question a juror after the member divulged information relevant for voir dire. Defendant was convicted by a fair and impartial jury; juror disclosed relevant information voluntarily at her earliest opportunity and then assured the parties that she could still be a juror.
Heckard v. State, No. 18A-CR-1376, __ N.E.3d __ (Ind. Ct. App., Feb. 11, 2019).
The evaluation of whether the continuous crime doctrine applies is distinct from the question of whether the continuous crime doctrine has been violated.
Solomon v. State, No. 18A-CR-2041, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2019).
Defendant does not have a constitutional right to possess marijuana and Ind. Code § 35-48-4-11 does not violate Article 1, Section 1, of the Indiana Constitution as applied to him.
Keene v. State, No. 18A-XP-228, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2019).
Expungement petitioners do not have the right to cross-examine victims who provide victim statements.