When parolee’s conviction had been for a sex crime against an adult female, parole conditions that he refrain from contact with his wife and his children were impermissible as they had no reasonable relation to his rehabilitation. Also, affirms Court of Appeals holding that statutes categorizing parolee as an “offender against children” because his conviction made him a “sexually violent predator” were overbroad as applied and that the “offender against children” status could not be imposed without some prior due process. Concludes that DOC’s SOMM (Sex Offender Management and Monitoring Program) requirements do not violate a participant’s privilege against self-incrimination.
Supreme
Rice v. State, No. 45S00-1206-CR-343, __ N.E.d ___ (Ind., Apr. 16, 2014)
Life without parole sentencing order did not improperly rely upon non-statutory aggravating factors; instead, it explained why the mitigating factors did not outweigh the single statutory aggravating factor alleged and proved.
Wilson v. State, No. 27S02-1309-CR-584, __ N.E.3d __ (Ind., Apr. 1, 2014).
“Hybrid” sentence partially concurrent and partially consecutive is not authorized by statute.
Groce v. American Family Mut. Ins. Co., No. 48S02-1307-CT-472, __ N.E.3d __ (Ind., April 4, 2014)
Affirms summary judgment for defendant, finding the statute of limitation defense applicable when plaintiff, in the exercise of ordinary diligence in reviewing their homeowners insurance policy, could have timely discovered that the company’s replacement cost liability was capped at the dwelling loss coverage limit.
Robinson v. State, No. 20S04-1307-CR-471, __ N.E.3d __ (Ind., Mar. 25, 2014).
Affirms trial court’s denial of motion to suppress based on conclusion that defendant’s driving gave officer reasonable suspicion to conduct a traffic stop, when testimony of officer convinced trial judge there was reasonable suspicion of “unsafe lane movement” even though squad car video did not clearly demonstrate defendant went off the road though his car did contact the fog line.