Affirms trial court decision that facts of case did not support defense of reasonable parental discipline.
P. Riley
Satterfield v. State, No. 49A02-1409-CR-659, __ N.E.3d __ (Ind. Ct. App., April 16, 2015).
In determining murder bail, “a defendant is allowed to present evidence of an affirmative defense to rebut the State’s strong presumption that the defendant more likely than not committed the murder (or treason) accused of”; here, trial court making murder bail determination erred in rejecting defendant’s evidence of self-defense.
Woodcox v. State, No. 15A05-1410-CR-468, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2015).
When judgment of conviction was for an A felony but the entry of judgment was for a B felony, defendant’s motion to correct erroneous sentence was properly denied and a nunc pro tunc entry of judgment for an A felony was ordered on remand.
J.B. v. State, No. 53A01-1408-CR-367, __ N.E.3d __ (Ind. Ct. App., Mar. 10, 2015).
Trial court’s earlier “earned dismissal” of misdemeanor conviction did not make the conviction records inaccessible, so that the expungement remedy was still available despite the earlier dismissal.
Shelton v. State, No. 71A03-1408-Cr-309, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
Search of an offender on community corrections monitored home detention is subject to the reasonable suspicion standard required for probationer searches; in this case, the circumstances conferred the required reasonable suspicion for a warrantless dog sniff search of the offender’s home and garage.