When a trial court resentences multiple counts on remand, no presumption of vindictive sentencing arises if the aggregate resentence is not greater than the original aggregate sentence.
C. Bradford
Thomas v. State, No. 64A03-1204-PL-191, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2012).
Ten year statute of limitations applies to habitual traffic violator suspensions; three-year delay in imposition of habitual traffic offender suspension was not shown to be subject to “extreme unfairness” basis for applying laches to bar an administrative regulatory sanction.
Lebo v. State, No. 46A05-1202-CR-104, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2012).
The B misdemeanor offense of failure to report child abuse or neglect is a continuing offense, and hence is not subject to the misdemeanor statute of limitations.
Couch v. State, No. 48A04-1204-CR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2012).
At sentencing the court heard testimony about other victims’ molestations, which were not to be charged under the plea bargain; caselaw holds conduct for which charges are avoided under a bargain cannot be used to give longer sentences, but here nothing in the record indicated the court considered the testimony as an aggravating factor.
Clanton v. State, No. 49A02-1203-CR-198, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2012).
Police officer in full uniform working as a private security guard was acting as a law enforcement officer under the circumstances of the case; officer making a Terry frisk could remove sharp object from defendant’s pocket, but when officer realized object was a pen cap and not a weapon he could not take the plastic bag he observed in the cap out and inspect its contents, even though he testified bags in such caps were often used, in his experience, to store narcotics.