In prosecution for receiving stolen property, county where the property was stolen was a proper venue, regardless of whether defendant knew where the theft occurred.
Williams v. State, No. 35A02-1412-PC-864, ___ N.E.3d ___ (Ind. Ct. App., Aug. 7, 2015).
Even if defendant’s paraphernalia conviction could not support HSO enhancement under pre-2014 criminal code, he was not entitled to PCR; he benefited from the guilty plea that included the enhancement and would have pleaded guilty anyway.
McElfresh v. State, No. 32A01-1411-CR-514, ___ N.E.3d ___ (Ind. Ct. App., Aug. 7, 2015).
Defendant’s letter to victim’s mother, truthfully stating that victim could face legal consequences for lying under oath in his case, did not support conviction for attempted obstruction of justice. And because his letter did not actually reach the victim in violation of no-contact order, it could not support invasion of privacy but only lesser-included offense of attempted invasion of privacy.
Gavin v. State, No. 79A02-1501-CR-27, ___ N.E.3d ___ (Ind. Ct. App., Aug. 11, 2015).
Shooting suspect’s statement that his gun was in his car was admissible under public-safety exception to Miranda; police feared that suspect’s 3-year-old child, who was also in the car, might get to the gun.
Taylor v. Taylor, No. 49A04-1502-DR-58, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2015).
“[A]fter a relocation notice is filed, if a party seeks a modification of an existing child support order that party must also file a petition to modify child support.”