In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.
N. Vaidik
Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)
365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.
Allied Property & Cas. Ins. Co. v. Good, No. 85A04-0902-CV-89, ___ N.E.2d ___ (Ind. Ct. App., Dec. 31, 2009)
If a trial court finds that an attorney or party caused a mistrial by egregiously violating an order in limine, the trial court has the inherent power to sanction him or her.
Gibbs v. State, No. 49A02-0712-CR-1017, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2008)
Since the crime of attempted sexual misconduct with a minor requires that the intended victim actually be a minor, it cannot apply to a “sting” in which an adult police officer pretends in online conversations to be a child.
State v. Jenkins, No. 49A04-0805-CR-260, __N.E.2d __ (Ind. Ct. App., Dec. 31, 2008)
Outdoor, unenclosed apartment courtyard is a public place for purposes of public intoxication offense.