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Case Clips

Published by the Indiana Office of Court Services

Appeals

West v. State, No. 21A-CR-404, __ N.E.3d __ (Ind. Ct. App., Sept. 30, 2021).

October 4, 2021 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

A single computer can qualify as a “computer system” for purposes of Ind. Code § 35-43-2-3, the computer trespass statute.

Paul v. State, 21A-CR-166, __ N.E.3d __ (Ind. Ct. App., Sept. 21, 2021).

September 27, 2021 Filed Under: Criminal Tagged With: Appeals, M. Bailey

When a person has been simultaneously confined in connection with multiple causes and the court must impose consecutive sentences across those causes, Indiana law requires the trial court to (1) calculate credit time at the rate associated with the first sentence in the sequence of sentences and (2) allocate the time to that first sentence.

Wells v. State, 21A-CR-612, __ N.E.3d __ (Ind. Ct. App., Sept. 22, 2021).

September 27, 2021 Filed Under: Criminal Tagged With: Appeals, E. Tavitas

Exclusion from trial for failing a drug test is improper. In such instances, a trial court should apply, and exhaust, lesser contempt penalties, before imposing the extreme sanction of the deprivation of fundamental rights.

Olympic Financial Group, Inc., v. State, 21A-CR-1017, __ N.E.3d __ (Ind. Ct. App., Sep. 17, 2021).

September 20, 2021 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

For the State to seize cash and seek its forfeiture—or turnover—it must show a nexus between the cash and some sort of criminal activity

Wilburn v. State, 20A-CR-1709, __ N.E.3d __ (Ind. Ct. App., Sep. 20, 2021).

September 20, 2021 Filed Under: Criminal Tagged With: Appeals, E. Tavitas

A conviction for burglary cannot be sustained if an alleged perpetrator enters a business open to the public during business hours, with intent to commit a felony or theft in it, due to a lack of evidence as to breaking.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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