Church with an active youth program was a “youth program center” for purposes of drug offense enhancement.
Malenchik v. State, No. 79S02-0908-CR-365, __ N.E.2d __ (Ind., 2010)
“[R]esults of LSI-R and SASSI offender assessment instruments are appropriate supplemental tools for judicial consideration at sentencing.”
J.S. v. State, No. 79S02-1006-CR-296, __ N.E.2d __ (Ind., June 9, 2010)
“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”
Dept. of Correction v. Haley, No. 56A03-0911-CR-553, __ N.E.2d __ (Ind. Ct. App., June 9, 2010)
In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.
Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)
U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.