Indiana Constitution’s double jeopardy protection permits defendant’s conviction of criminal confinement with a deadly weapon to be enhance for the use of a firearm.
C. Darden
Hicks v. Smith, No. 54A01-0904-CV-189, ___ N.E.2d ___ (Ind. Ct. App., Jan. 19, 2010)
When husband violated court order by absconding with child and failing to pay child support, trial court did not abuse its discretion in awarding judgment on husband’s child support arrearage to wife.
Bowling v. State, No. 68A05-0906-CR-306, __ N.E.2d. __ (Ind. Ct. App., Dec. 30, 2009)
Interstate Agreement on Detainers 180 day trial right is not triggered until prosecutor and court in prosecution state receive prisoner’s request for trial.
Davis v. State, No. 49A04-0907-CR-379, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2009)
When probationer admitted only his arrest for new offense but not of probable cause, and State did not present the probable cause affidavit or any other evidence of the new offense, revocation of probation violated probationer’s due process rights.
Duran v. State, No. 45A03-0811-CR-569, __ N.E.2d __ (Ind. Ct. App., July 23, 2009)
Forcible entry of a third person’s apartment to apprehend arrest warrant subject did not violate the Fourth Amendment or Ind. Const. Art. I, Section 11.