Court erred in denying expungement to misdemeanant; she was entitled to expungement even though “she had been summonsed rather than arrested” for her offense.
J. Baker
Kemper v. State, No. 15A01-1408-CR-340, ___ N.E.3d ___ (Ind. Ct. App. June 17, 2015).
State presented insufficient evidence that defendant conspired to commit robbery; alleged co-conspirator’s guilty plea to conspiracy could not be considered as substantive evidence against defendant, and remaining evidence was insufficient to show agreement to rob.
State v. Zerbe, No. 49A05-1410-MI-463, ___ N.E.3d ___ (Ind. Ct. App., May 29, 2015).
Indiana Sexual Offender Registration Act (SORA) requirement for out-of-state sex offender registrants to register in Indiana for the period required by the other jurisdiction was enacted before defendant moved to Indiana, and therefore was not unconstitutional ex post facto law.
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.”
Grott v. State, No. 64A04-1408-CR-395, __N.E.3d __ (Ind. Ct. App., May 7, 2015).
Jury had sufficient evidence to convict defendant of auto theft when defendant failed to return a rental car by the agreed-upon date.