Amelioration doctrine did not apply to defendant’s sentence because the legislature clearly stated in Ind. Code 1-1-5.5-21(b) that it did not intend the amelioration doctrine to apply.
In re I.J., No. 57A03-1501-AD-28, __ N.E.3d __ (Ind. Ct. App., July 8, 2015).
The trial court erred in denying a possible father’s (third-party) request for genetic testing for a child born to a married couple who placed the newborn for adoption.
Johnson v. United States, No. 13-7120, ___ U.S. ___ (June 26, 2015).
Armed Career Criminal Act (ACCA)’s definition of “violent felony” is unconstitutionally vague as to its residual clause, which covers any felony that “involves conduct that presents a serious potential risk of physical injury to another”; clause leaves uncertainty about how to estimate the risk posed by a crime or how much risk it takes for a crime to qualify as a violent felony. (Overruling James v. United States, 550 U.S. 192 (2007) and Sykes v. United States, 564 U.S. 1 (2011).)
Dada v. State, ___ N.E.3d ___, No. 53A01-1501-CR-33 (Ind. Ct. App. June 26, 2015).
Court erred in denying expungement to misdemeanant; she was entitled to expungement even though “she had been summonsed rather than arrested” for her offense.
Satterfield v. State, No. 63S00-1401-LW-306, ___ N.E.3d ___ (Ind. June 26, 2015).
Court did not abuse its discretion in admitting officer’s lay-witness testimony that an allegedly mentally ill defendant was “evasive” during police questioning.