Statements of murder victim were properly admitted under Evidence Rule 804(b)(5), the “forfeiture by wrongdoing” hearsay exception.
Andrews v. State, No. 29A02-1112-MI-1166, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2012).
Federal sex offender registry statutes and their obligations for defendant did not affect the Indiana law conclusion that a state resident whose out-of-state sex offense conviction predated Indiana sex offender registry statutes could not, under the Indiana Constitution ex post facto Wallace holding, be required to register on the Indiana registry.
Couch v. State, No. 48A04-1204-CR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2012).
At sentencing the court heard testimony about other victims’ molestations, which were not to be charged under the plea bargain; caselaw holds conduct for which charges are avoided under a bargain cannot be used to give longer sentences, but here nothing in the record indicated the court considered the testimony as an aggravating factor.
Clanton v. State, No. 49A02-1203-CR-198, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2012).
Police officer in full uniform working as a private security guard was acting as a law enforcement officer under the circumstances of the case; officer making a Terry frisk could remove sharp object from defendant’s pocket, but when officer realized object was a pen cap and not a weapon he could not take the plastic bag he observed in the cap out and inspect its contents, even though he testified bags in such caps were often used, in his experience, to store narcotics.
D.C. v. J.A.C., No. 32S04-1206-DR-349, ___ N.E.2d ___ (Ind., Nov. 13, 2012).
Trial courts have considerable deference in family law matters, and the trial court had ample support to hold that it was in the child’s best interests to remain in the state.