Revised criminal code’s habitual-offender provision does not apply retroactively to offense committed before July 1, 2014 effective date.
E. Najam
Jackson v. State, No. 48A02-1409-CR-670, ___ N.E.3d ___ (Ind. Ct. App., June 4, 2015).
(1) Because habitual-offender predicate offenses were not factually contested, trial judge who had prosecuted the predicate offenses was not required to recuse. (2) A “pattern of racketeering activity” under Indiana’s corrupt business influence statute, like similar federal RICO statute, requires proof that the predicate offenses “amount to or pose a threat of continued criminal activity.”
Brewer v. State, No. 82A05-1410-CR-458, ___ N.E.3d ___ (Ind. Ct. App., June 4, 2015).
Under Indiana’s statutory double jeopardy protections, defendant’s Kentucky convictions for receiving stolen property (a car) and fleeing/evading police (1) barred subsequent prosecution for having stolen the car in Indiana, but (2) did not bar prosecution for resisting law enforcement in Indiana for evading police in Evansville before crossing the border in Kentucky.
M.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
Babchuk v. Indiana University Health Tipton Hospital, Inc., No. 80A04-1409-PL-447, __N.E.3d __ (Ind. Ct. App., April 22, 2015).
It is the defendant’s burden to timely file a T.R. 41(E) motion to dismiss before the plaintiff resumes prosecution.