For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.
Austin v. State, No. 20A03-1112-CR-588, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.
Malloch v. State, No. 17A03-1201-CR-37, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
Even though detective’s interrogation was intense and confrontational, defendant’s video-taped child-molesting confession was voluntary under the circumstances.
Woods v. State, No. 39A05-1204-CR-189, __ N.E.2d __ (Ind. Ct. App., Dec. 27, 2012).
The probable cause affidavit may be used to supplement the charging information to meet the requirement that the State allege the crime concealment exception to the criminal statute of limitations.
Orndorff v. Ind. Bureau of Motor Vehicles, No. 53A04-1206-PL-299, __ N.E.2d __ (Ind. Ct. App., Dec. 26, 2012).
Under the circumstances of this case, a preliminary injunction based on laches should be issued against BMV imposition of Habitual Traffic Violator suspension eight years after HTV status arose.