Sufficiency of evidence review does not depend on how jury was instructed; it is judged against essential elements of the offense, not against erroneous jury instruction that included an additional element.
Statute of limitations defense was not jurisdictional and therefore could not be raised for the first time on appeal.
Jason Hansbrough v. State, No. 29A04-1508-CR-1121, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Dog sniff did not prolong Defendant’s traffic stop in violation of his constitutional rights.
Ronald L. Sanford, Jr. v. State, No. 49A05-1506-PC-485, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Trial court was within its discretion to find that defendant was not “diligent” in pursuing belated appeal under P-C.R. 2, which is exclusive means to reinstate untimely appeal in criminal cases; relief under In re Adoption of O.R. (Ind. 2014) is limited to civil cases.
Willie Moore v. State, No. 49A02-1505-CR-321, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Illinois residential burglary statute was “substantially similar” to Indiana burglary offense; despite not expressly containing a “breaking” element, Illinois caselaw infers such a requirement, and Illinois statute classifies it as a “forcible felony.”
Evidence was insufficient to support “bodily injury” element of resisting law enforcement as a Level 6 felony; fact that officer was injured while chasing defendant on foot established only contributing, not proximate, causation.
Kimberly Y. Morgan v. State, No. 34A05-1509-CR-1323, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Amount of restitution awarded to embezzlement victim was abuse of discretion; award included sums an audit revealed were missing but were not shown to be connected to defendant’s conduct, and expenditures to determine the amount of loss.