Savings statute for the revised penal code did not prohibit application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.
M. Bailey
Munoz v. Woroszylo, No. 79A02-1409-CT-679, __N.E.3d __ (Ind. Ct. App., April 13, 2015).
Although plaintiff used bad judgment filing suit in federal court in Illinois, there was no evidence it was done in bad faith and the lawsuit could proceed based on the Journey’s Account Statute.
Stone v. State, No. 34A02-1410-CR-753, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2015).
After the trial court had accepted the plea agreement and entered judgment of conviction, defendant’s failure to appear for a presentence investigation did not permit the court to rescind the agreement and vacate the convictions.
Wise v. State, No. 49A02-1406-CR-408, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Victim’s handheld video camera video of playback of cellphone video was properly admitted under the “silent witness” theory and its admission as evidence did not violate the defendant’s confrontation rights.
Bickford v. State, No. 62A01-1409-CR-389, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Owner’s voluntary surrender of neglected animals precluded use of statute requiring payment to a shelter for care of impounded animals, but payment for animals’ care was properly ordered under the general restitution statute.