The Evidence Rule 803(4) hearsay exception for statements made for the purpose of medical diagnosis or treatment was not shown to apply, because there was insufficient evidence the six year-old understood the need to provide the forensic nurse with truthful information about the suspected molestation.
M. Massa
Dye v. State, No. 20S04-1201-CR-5, __ N.E.2d __ (Ind., Mar. 21, 2013).
“[T]he State is not . . . permitted to support [an] habitual offender finding with a conviction that arose out of the same res gestae that was the source of the conviction used to prove [defendant] was a serious violent felon.”
Jennings v. State, No. 53S01-1209-CR-526, __N.E.2d __ (Ind., Feb. 20, 2013).
“[T]he combined term of imprisonment and probation for a misdemeanor may not exceed one year,” so “[w]e therefore remand this case to the trial court for imposition of a probationary period consistent with this opinion, not to exceed 335 days—the difference between one year (365 days) and the 30 days Jennings was ordered to serve in prison.”
State v. Holtsclaw, 49S02-1205-CR-26, ___ N.E.2d ___ (Ind., Nov. 5, 2012).
30-day deadline in Appellate Rule 9 for filing a notice of appeal when a party files a motion to correct error applies to the state in a criminal case.
Bailey v. State, 49S02-1204-CR-234, ___ N.E.2d ___ (Ind., Nov. 5, 2012).
Any offense that causes the victim physical pain meets the test “bodily injury” requirement for domestic battery.