M. May

Under the new-crime exception to the rule excluding evidence obtained from an illegal warrantless search, if a defendant’s response is itself a new and distinct crime, then evidence of the new crime is admissible notwithstanding the prior illegal search.

The term “conviction” includes a verdict of not responsible by reason of insanity (“NRRI”) for purposes of I.C. 35-38-9-1, and an individual so adjudicated may not have that finding expunged.

Because some or all of the evidence could be used to prove defendant committed both felony intimidation and attempted murder, the conviction of intimidation is vacated as it violates his right against double jeopardy under the actual evidence test.

The certificate offered to authenticate cell phone records did not properly authenticate the records because it was issued approximately eighteen months after the records were obtained, does not contain the phone number for which the search warrant requested records, does not contain the number of pages it purports to authenticate, and does not contain the dates the records encompass.

The Court of Appeals reduced the trial court’s restitution order because a trial court cannot order a defendant to pay restitution for crimes to which he did not plead guilty.