Prosecutorial misconduct in closing-argument, showing slide highlighting defendant’s failure to produce evidence, was not fundamental error; trial court interrupted the slide and appropriately admonished the jury sua sponte, and defense did not move for mistrial.
Appeals
Jason Hansbrough v. State, No. 29A04-1508-CR-1121, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Dog sniff did not prolong Defendant’s traffic stop in violation of his constitutional rights.
Ronald L. Sanford, Jr. v. State, No. 49A05-1506-PC-485, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Trial court was within its discretion to find that defendant was not “diligent” in pursuing belated appeal under P-C.R. 2, which is exclusive means to reinstate untimely appeal in criminal cases; relief under In re Adoption of O.R. (Ind. 2014) is limited to civil cases.
Willie Moore v. State, No. 49A02-1505-CR-321, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Illinois residential burglary statute was “substantially similar” to Indiana burglary offense; despite not expressly containing a “breaking” element, Illinois caselaw infers such a requirement, and Illinois statute classifies it as a “forcible felony.”
Evidence was insufficient to support “bodily injury” element of resisting law enforcement as a Level 6 felony; fact that officer was injured while chasing defendant on foot established only contributing, not proximate, causation.
Kimberly Y. Morgan v. State, No. 34A05-1509-CR-1323, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Amount of restitution awarded to embezzlement victim was abuse of discretion; award included sums an audit revealed were missing but were not shown to be connected to defendant’s conduct, and expenditures to determine the amount of loss.