Conviction for stalking four victims, based on conduct spanning January 2012 to February 2014, violated actual-evidence double jeopardy principles when defendant had been convicted a month earlier for invasion of privacy committed against three of the same victims for conduct spanning three days in January 2014. The State presented substantial evidence of the three-day course of conduct in the subsequent trial; and both cases alleged a violation of the same previously issued no-contact order.
Appeals
Hill v. State, No. 20A03-1507-CR-907, ___ N.E.3d ___ (Ind. Ct. App., Feb. 25, 2016).
Trial court was within its discretion to exclude alleged domestic-battery victim who had recanted her accusation as a defense witness. Error was invited by defendant’s insistence on calling witness, despite State’s and court’s repeated cautions.
Hinton v. State, No. 49A04-1508-CR-1167, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).
Evidence that defendant had arrow “nocked” in his bow was sufficient to establish “endangers a person” element of B-misdemeanor public intoxication.
Cox v. State, No. 29A02-1508-PC-1221, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).
Post-conviction court was required, upon indigent prisoner’s proper request, to forward petition to the State Public Defender’s Office for review. Failure to do so required reversal.
Gerth v. State, No. 29A02-1506-CR-693, ___ N.E.3d ___ (Ind. Ct. App., Feb. 18, 2016).
Search warrant was not based on probable cause, when supported only by two uncorroborated tips from informants with insufficiently established credibility and good-faith exception did not apply in view of officer’s “reckless material omission of fact” relevant to credibility of one of the tips.