Intimidation conviction was reversed because the threat was not transmitted in a way that the defendant knew or had good reason to know the statement would reach the victim.
B. Barteau
Sansbury v. State, No. 49A05-1704-CR-793, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2017).
Although vehicle was lawfully impounded, conviction for carrying a handgun without a license reversed because police did not conduct a valid inventory search of the impounded vehicle.
Hope Source v. B.T., No. 49A02-1607-CT-1656, __ N.E.3d __ (Ind. Ct. App., Sept. 20, 2017).
Testimony obtained by facilitated communication is admissible in evidence. The trial court has discretion to determine whether a child is competent to testify based upon the court’s observation of the child’s demeanor and responses to questions posed to him by counsel and the court.
Quinn v. State, No. 20A03-1503-CR-82, ___ N.E.3d ___ (Ind. Ct. App., Oct. 8, 2015).
Charges for 1988 child molestation and criminal confinement were not barred by statute of limitations; State’s discovery in 2012 of DNA evidence implicating defendant was reasonably diligent, and charges were filed within one year of that discovery.
In Re: The Matter of the Petition to Expunge Conviction Records of Borel, No. 92A05-1501-CR-26, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Trial court erred in denying expungement of 1976 conviction for failure to pay court costs in that case. Typewritten docket entries did not indicate that any court costs were imposed, and partly-illegible handwritten notation on docket sheet was insufficient to show that costs had been imposed or remained unpaid.