Evidence defendant grabbed victim’s buttocks was insufficient to prove the sexual battery element that victim was compelled by force or threat of force to submit to the battery.
Appeals
Shuai v. State, No. 49A02-1106-CR-486, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2012).
Trial court properly denied motion to dismiss murder and attempted feticide charges based on defendant’s having ingested rat poison to commit suicide and cause death of her third trimester fetus, which allegedly died a few days after birth from hemorrhage allegedly caused by the rat poison.
White v. State, No. 18A05-1108-CR-439, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2012).
Credit restricted felon definition does not require that its components also have been elements of the offense defendant committed.
Jennings v. State, No. 53A01-1010-CR-541, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2010).
Misdemeanor sentencing addressed on rehearing.
Jackson v. Holiness, No. 02A03-1103-RS-9, ___ N.E.2d ___ (Ind. Ct. App., Feb. 8, 2012).
Trial court did not err in dismissing mother’s petition to modify child support, because she is not a non-resident petitioner as required by Ind. Code 31-18-6-11 and so the trial court did not have subject matter jurisdiction.