Evidence that defendant had child pornography images in a file-sharing program on his computer and that he knew others using the same file-sharing program could access and download the images in the program on his computer supported his conviction of child exploitation.
Appeals
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., No. 03A04-1112-CC-639, ___ N.E.2d ___ (Ind. Ct. App., July 16, 2012).
“We therefore conclude that the Indiana pre-tax sale notice statute violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.”
McWhorter v. State, No. 33A01-1202-PC-72, __ N.E.2d __ (Ind. Ct. App., July 12, 2012).
Instructions “prescribed sequential error.”
Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).
“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”
T.B. v. Ind. Dept. of Child Svcs., No. 79A04-1110-JT-594, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2012).
The Court declined to adopt a policy that prohibits the involuntary termination of parental rights for all mentally retarded parents.