A trial court best determines whether under Ind. Code 31-16-12-11 the sufficiency of a plan offered by an obligor to pay arrearage is sufficient to reinstate driving privileges.
M. Robb
Browning v. State, No. 49A05-1110-CR-540, __ N.E.2d __ (Ind. Ct. App., July 17, 2012).
Evidence that defendant had child pornography images in a file-sharing program on his computer and that he knew others using the same file-sharing program could access and download the images in the program on his computer supported his conviction of child exploitation.
Orr v. State, No. 45A03-1107-CR-308, __ N.E.2d __ (Ind. Ct. App., June 18, 2012).
Evidence Rule 613(b) confers discretion to allow a prior inconsistent statement to be admitted before the witness has a chance to explain or deny or, in some circumstances, even when witness is not given any chance to explain or deny.
Lee v. State, No. 49A04-1105-CR-225, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
State’s evidence did not show officers had a reasonable belief sex offense suspect would destroy DNA evidence on his body, so that there were no exigent circumstances permitting the police to obtain DNA swabs from the suspect without first getting a search warrant.
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.