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Case Clips

Published by the Indiana Office of Court Services

M. Barnes

Larkin v. State, No. 46A05-1411-CR-550, ___ N.E.3d ___, (Ind. Ct. App., Sept. 30, 2015).

October 5, 2015 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Defendant’s appeal seeking to disqualify entire county prosecutor’s office and appoint special prosecutor was dismissed as moot; newly-elected Prosecutor had not been involved with the challenged conduct, and defendant could separately pursue disqualification of particular Deputy Prosecutors who were involved.

Smith v. State, No. 24A01-1501-CR-1, ___ N.E.3d ___ (Ind. Ct. App., Sept. 22, 2015).

September 28, 2015 Filed Under: Criminal Tagged With: Appeals, M. Barnes

State-court restitution award to Ponzi scheme victims was improper; their losses resulted from defendant’s related federal crimes, for which restitution had already been ordered. Five counts of conducting business as a broker-dealer without registering constituted a “single episode of criminal conduct”; gravamen of the offense not the precise number of times defendant transacted business, but rather the initial failure to register, which is a grievance against the Secretary of State and did not directly harm the victims.

Hamilton v. State, No. 65A04-1412-CR-592, ___ N.E.3d ___ (Ind. Ct. App., Sept. 9, 2015).

September 14, 2015 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Forensic interviewer’s testimony vouching for child victims’ testimony, admitted over defendant’s timely objection, was reversible error. But detective calling children’s statements “powerful” when interrogating defendant was not error because it was meant only to elicit response from defendant, not as assertion of fact.

Alkhalidi v. Ind. Dept. of Correction, No. 77A01-1406-SC-278, __ N.E.3d __ (Ind. Ct. App., Aug. 28, 2015).

September 4, 2015 Filed Under: Civil Tagged With: Appeals, M. Barnes

The failure to exhaust administrative remedies should be treated as procedural error, not a jurisdictional defect. Because exhaustion of remedies is not an element of plaintiff’s action, the exhaustion requirement is more appropriately considered an affirmative defense and it is the defendant’s burden to prove.

Smart v. State, No. 29A02-1412-CR-887, ___ N.E.3d ___ (Ind. Ct. App., Aug. 4, 2015).

August 7, 2015 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Defendant’s admission to injecting “methamphetamine,” without more, was insufficient to prove that he injected the legend drug “methamphetamine hydrochloride”; there was no evidence or basis for judicial notice that the two substances were the same

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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