Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.
Appeals
Nicholson v. Lee, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Gun owner was shielded from liability for failing to safely store and keep gun when the gun is procured by a crime and then later used to commit another crime.
In re Ma.H, No. 18A-JT-1296, __ N.E.3d __ (Ind. Ct. App., Feb. 18, 2019).
The requirement that Father admit molesting child to complete sex offender treatment violates Father’s Fifth Amendment right against self-incrimination; the trial court’s reliance on his refusal to so admit as proof that his parental rights should be terminated violates his Fourteenth Amendment right to due process.
Easler v. State, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 8, 2019
The trial court properly denied defendant’s request to question a juror after the member divulged information relevant for voir dire. Defendant was convicted by a fair and impartial jury; juror disclosed relevant information voluntarily at her earliest opportunity and then assured the parties that she could still be a juror.
Heckard v. State, No. 18A-CR-1376, __ N.E.3d __ (Ind. Ct. App., Feb. 11, 2019).
The evaluation of whether the continuous crime doctrine applies is distinct from the question of whether the continuous crime doctrine has been violated.