In prosecution for burglary and attempted rape, Defendant’s alleged “peeping” at another home in the same neighborhood 56 days later was inadmissible because it was not “strikingly similar” to the charged offense; but conclusive DNA evidence rendered the error harmless.
N. Vaidik
Williams v. State, No. 35A02-1412-PC-864, ___ N.E.3d ___ (Ind. Ct. App., Aug. 7, 2015).
Even if defendant’s paraphernalia conviction could not support HSO enhancement under pre-2014 criminal code, he was not entitled to PCR; he benefited from the guilty plea that included the enhancement and would have pleaded guilty anyway.
Gavin v. State, No. 79A02-1501-CR-27, ___ N.E.3d ___ (Ind. Ct. App., Aug. 11, 2015).
Shooting suspect’s statement that his gun was in his car was admissible under public-safety exception to Miranda; police feared that suspect’s 3-year-old child, who was also in the car, might get to the gun.
Anderson v. State, No. 79A02-1501-CR-10, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
“Rushing” a victim to gain unauthorized entry to a dwelling satisfies “force” element of burglary.
Mauch v. State, No. 06A01-1501-CR-16, ___ N.E.3d ___ (Ind. Ct. App., June 10, 2015).
Trial court abused its discretion in revoking defendant’s probation for failure to pay his restitution in full; defendant was elderly, unemployed, and in poor health, and was unable to obtain a reverse mortgage on his marital home because his wife refused to consent, but faithfully made monthly payments from his social-security income.