Fraudulent concealment tolls the Wrongful Death Act’s two-year statute of limitations.
Doe v. Prosecutor, Marion County, Indiana, No. 12-2512, __ F.3d __ (7th Cir., Jan. 23, 2013).
The First Amendment is violated by Ind. Code 35-42-4-12, which imposes A misdemeanor or D felony liability on certain sex offenders who use social networking web sites or instant messaging or chat room programs which the offenders know allow use by persons under eighteen.
Boling v. State, No. 20A04-1205-CR-237, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2013).
A person convicted of attempted child molesting is not per se a credit restricted felon.
Sanjari v. State, No. 20A03-1206-CR-273, __ N.E.2d __ (Ind. Ct. App., Jan. 15, 2013).
When a trial court resentences multiple counts on remand, no presumption of vindictive sentencing arises if the aggregate resentence is not greater than the original aggregate sentence.
J.R. v. State, No. 49A05-1204-JV-175, __ N.E.2d __ (Ind. Ct. App., Jan. 15, 2013).
Theft and auto theft are distinct offenses defined in different statutes, so that the “single larceny” rule does not prohibit convictions for both when the defendant simultaneously takes an automobile and other items of property.