Defendant established a prima facie case for a Batson challenge when the State used its peremptory challenge to strike the only African-American member of the venire.
M. Bailey
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Griffin v. State, No. 49A02-1212-CR-964, __ N.E.2d_ (Ind. Ct. App., Oct. 23, 2013).
When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”
Turner v. State, No. 49A05-1302-CR-59, __ N.E.2d __ (Ind. Ct. App., Sept. 3, 2013).
Discusses argument that statements of State’s confidential informant were not hearsay under the party-opponent hearsay exception.
In re Cook, No. 49A04-1207-PO-370, ___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
Defendant is entitled to a hearing about whether his name should be removed from the protection order registry on the JTAC website and law enforcement databases, but the Court of Appeals will not remove his name sua sponte.