When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”
M. Bailey
State v. Holtsclaw, No. 49A02-1108-CR-743, __ N.E.2d __ (Ind. Ct. App., Feb. 16, 2012).
State cannot appeal the denial of a motion to correct error, so that here motion to correct aimed at successful motion to suppress could not be appealed and appeal of suppression motion itself was untimely.
Woodson v. State, No. 49A05-1106-CR-306, __ N.E.2d __ (Ind. Ct. App., Jan. 6, 2012).
Officer lacked reasonable suspicion for a Terry stop merely because individual stopped was in a drug “hot-zone.”
Stansberry v. State, No. 49A04-1102-CR-75, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2011).
When suspect charged the officer, it did not amount to the forcibly resisting, obstructing, or interfering with law enforcement required for a resisting law enforcement conviction.
Nichols v. State, No. 29A04-1008-CR-589, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)
Statute, not the trial court or the DOC, determines length of a sex offender’s sex registry obligations.