Denial of motion to depose codefendants, though error, was not properly preserved for appeal; when codefendants testified at trial, defendant did not seek to exclude their testimony, renew his request to depose them, or seek a continuance.
Larkin v. State, No. 46A05-1411-CR-550, ___ N.E.3d ___, (Ind. Ct. App., Sept. 30, 2015).
Defendant’s appeal seeking to disqualify entire county prosecutor’s office and appoint special prosecutor was dismissed as moot; newly-elected Prosecutor had not been involved with the challenged conduct, and defendant could separately pursue disqualification of particular Deputy Prosecutors who were involved.
Dull v. State, No. 68A04-1502-CR-75, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Restitution order was an abuse of discretion to the extent that it included amounts for uncharged thefts outside the timeframe covered by the indictment to which defendant pleaded guilty; defendant neither pleaded guilty to nor agreed to make restitution for any thefts outside that timeframe.
Lothamer v. State, No. 92A05-1501-CR-26, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Evidence was sufficient to convict defendant of manufacturing methamphetamine, even though he did not personally “cook” it, because he acted in concert with the “cook”; defendant was present and allowed his home to be used for that purpose without objection, supplied pseudoephedrine, and helped to conceal the process.
In Re: The Matter of the Petition to Expunge Conviction Records of Borel, No. 92A05-1501-CR-26, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Trial court erred in denying expungement of 1976 conviction for failure to pay court costs in that case. Typewritten docket entries did not indicate that any court costs were imposed, and partly-illegible handwritten notation on docket sheet was insufficient to show that costs had been imposed or remained unpaid.