Evidence was sufficient to convict defendant of failure to register as a sex offender, even though he had moved to Kentucky and was no longer an Indiana resident, because as under I.C. § 11-8-8-17(a)(5) provides, he had knowingly ceased to reside at the Indiana address he had previously registered.
E. Najam
Berg v. State, No. 32A01-1504-CR-127, ___ N.E.3d ___ (Ind. Ct. App. Oct. 30, 2015).
Convictions for D-felony OWI (elevated from A-misdemeanor OWI with endangerment because of a prior OWI conviction) and B-misdemeanor reckless driving did not violate Richardson actual-evidence double jeopardy. “Evidentiary footprint” of the offenses was not identical because OWI, unlike reckless driving, required proof of intoxication. Nor did both convictions rely on “the very same behavior” because offense would have been elevated to a felony because of the prior conviction, regardless of whether it involved endangerment.
Allen v. State, No. 49A05-1410-CR-501, ___ N.E.3d ___ (Ind., Oct. 14, 2015).
Even though defendant had notified the trial court of his incarceration on other charges at a pre-trial conference, he was not entitled to discharge under Criminal Rule 4(C). All but 363 days of delay resulted from defendant’s failure to appear for trial when defense counsel failed to obtain a transport order to secure defendant’s attendance at trial as instructed, and was chargeable to defendant. Nor did the delay violate defendant’s constitutional speedy-trial rights.
R.B. v. State, No. 49A02-1502-JV-96, ___ N.E.3d ___ (Ind. Ct. App., Sept. 11, 2015).
Under the Fourth Amendment, police could reasonably rely on minor’s mother’s consent to search minor’s bedroom in her home.
Ryan v. State, No. 49A02-1501-CR-2, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
Under Ind. Code § 35-33-9-5(c) and App. R. 18, defendants cannot earn credit time while released on appeal bond, regardless of allegedly onerous nature of bond conditions; instead, reasonableness of conditions must be challenged immediately by motion to reconsider or appeal under App. R. 18.