When defendant violated terms of plea agreement by refusing to testify against co-defendants, the State was properly permitted to withdraw from the agreement despite its having been accepted by the trial court.
Appeals
Marley v. State, No. 15A01-1403-CR-127, __ N.E.3d __ (Ind. Ct. App., Sept. 11, 2014).
Based on legislative policy in savings clauses for new penal code, determines not to consider new code penalties in evaluating appropriateness of sentence under Appellate Rule 7(B).
Layman v. State, No. 20A04-1310-CR-518, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2014).
Multiple opinion decision affirms felony murder convictions of waived juveniles when the death resulted from burglary victim’s shooting of defendants’ accomplice.
Hall v. State, No. 49A05-1312-CR-614, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Trial court erred in excluding phone call transcript containing information about alleged molesting victim’s apparent false accusation of nonconsensual sex with another individual; also holds trial court erred in not compelling a party to the phone call to answer deposition questions about the call.
Gyamfi v. State, No. 30A01-1311-CR-487, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Applies prior holding that the “attenuation doctrine” of Fourth Amendment law does not apply under the Indiana Constitution; majority opinion concludes that the Fourth Amendment inevitable discovery doctrine does not apply under the Indiana Constitution, but concurring panel members conclude instead that inevitable discovery could apply under the Indiana Constitution but that the State failed to show an inevitable discovery.