Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.
E. Brown
Redington v. State, No. 53A01-1210-CR-461, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Rejects challenges based on the Indiana Constitution to the statutory procedure for retaining firearms of a “dangerous” person and concludes that evidence supported the trial court’s finding the respondent was “dangerous” so that his fifty-one firearms should be retained by the police.
Wilson v. State, No. 88A01-1301-CR-2, __ N.E.2d __ (Ind. Ct. App., May 31, 2013).
Finding of contempt was not an abuse of discretion when woman had been granted use and derivative use immunity.
Sowers v. State, No. 08A02-1208-CR-640, __ N.E.2d __ (Ind. Ct. App., May 16, 2013)
In this case, improper communication between bailiff and foreperson was fundamental error.
Jones v. State, No. 49A02-1204-CR-292, __ N.E.2d __ (Ind. Ct. App., Feb. 11, 2013).
Holds that recent U.S. Supreme Court Confrontation Clause decisions do not alter the result in the earlier Indiana holding that breath test equipment certificates of inspection are not “testimonial” and accordingly are admissible without implicating the Confrontation Clause.