When probationer in open court was informed of date for revocation fact-finding hearing, and would have learned of the rescheduling of the hearing had she appeared on the original date scheduled, she could be tried in absentia when she did not appear at the rescheduled hearing.
Appeals
Davis v. State, No. 45A03-0808-CR-407, __ N.E.2d __ (Ind. Ct. App., June 11, 2009)
Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.
Dowdell v. City of Jeffersonville, No. 10A04-0811-CV-676, ___ N.E.2d ___ (Ind. Ct. App., June 9, 2009)
Jeffersonville ordinance that prohibited convicted sex offenders from entering public parks was unconstitutional as applied under the prohibition on ex post facto laws in the Indiana Constitution.
State v. Boadi, No. 64A05-0807-CR-420, __ N.E.2d __ (Ind. Ct. App., May 13, 2009)
Failure to stop at a red light due to inadvertence or an error in judgment, without more, does not constitute recklessness.