Legislature intended that inmate’s left-over educational credit time after his release on parole would not still be available to him when his parole was revoked and he returned to prison.
M. May
Lock v. State, No. 35A04-1010-CR-641, __ N.E.2d __ (Ind. Ct. App., July 26, 2011).
Evidence defendant’s motorcycle was going 43 miles per hour did not prove its “maximum design speed” was 25 miles per hour or more, a “design speed” the State had to prove in order to show defendant was operating a “motor vehicle” rather than a “motorized bicycle” so that defendant was guilty of driving while suspended.
Cottingham v. State, No. 06A01-1008-CR-431, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).
2010 amendment of I.C. 35-38-2.6-6 providing for “credit time” for community corrections home detention is ameliorative and required credit for home detention served prior to the amendment when probation was revoked after effective date.
Foster v. State, No. 02A03-1010-CR-596, __ N.E.2d __ (Ind. Ct. App., June 10, 2011)
Police had probable cause to believe contraband was in the residence, but a warrantless search violated the Indiana Constitution when “[t]wenty-one days had elapsed since the controlled buy, and there [wa]s no evidence that exigent circumstances called for an immediate arrest.”
Adams v. State, No. 29A02-1008-CR-903, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2011)
Evidence that a jar of marijuana was found on car floor in front of defendant passenger’s seat established that the car was “used” to commit possession of marijuana, so that the defendant’s license could be suspended under IC 34-48-4-15.