Affirms trial judge’s conclusion that poor county road conditions made driving left-of-center necessary so that officer did not have a reasonable suspicion for stopping motorist driving on the left.
M. May
Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).
Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”
Tipton v. State, No. 47A01-1201-CR-4, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.
Austin v. State, No. 20A03-1112-CR-588, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.
Dowell v. State, No. 09A05-1201-CR-36, __ N.E.2d__ (Ind. Ct. App., Aug. 27, 2012).
Jury Rules’ “leeway” for assisting a deliberating jury does not permit giving a supplemental instruction on accomplice liability by means of a note to jurors, instead of rereading all instructions in open court.