Evidence that housing complex was at the time of trial a “family housing complex” as defined by statute was insufficient to prove the drug transaction was within 1,000 feet of a family housing complex at the time of the alleged offense.
M. Robb
Remy v. State, No. 48A02-1310-CR-857, __ N.E.3d __ (Ind. Ct. App., Sep. 30, 2014).
Prejudicial impact outweighed probative value of pornographic materials found in defendant’s home admitted on “grooming” rationale.
Robinson v. State, No. 49A05-1405-CR-224, __ N.E.3d __ (Ind. Ct. App., Oct. 1, 2014).
Trial court is to determine whether defendant should receive educational credit time earned while serving a sentence of home detention.
State v. Downey, No. 10A01-1310-CR-432, __ N.E.3d __ (Ind. Ct. App., July 31, 2014).
Order for return of defendant’s money seized by police was abuse of discretion as the matter was moot because the money had already been transferred, by order of a different court without a hearing, to the federal government.
Collins v. State, No. 49A02-1310-PC-887 , __ N.E.3d __ (Ind. Ct. App., Jul. 25, 2014).
Denial of post-conviction relief petitioner’s request for subpoena for an out-of-state witness was not an abuse of discretion, when petitioner did not identify any state or federal law permitting the subpoena.