Under the circumstances of the case the prosecutor’s conduct and communications conveyed approval of a sentence modification after 365 days had passed since sentencing.
Supreme
In re A.S., No. 10S01-1402-MH-113m __ N.E.3d __ (Ind., May 13, 2014).
Trial court lacked authority for its contempt finding against the person who filled out the application for emergency detention for another person.
Ramirez v. State, No. 45S05-1305-CR-331, __ N.E.3d__ (Ind., Apr. 29, 2014).
Defendants are entitled to a rebuttable presumption of prejudice when they can show by a preponderance of the evidence that an unauthorized, extra-judicial contact or communication with jurors occurred, and that the contact or communication pertained to the matter before the jury.
Brewington v. State, No. 15S01-1405-CR-309, __ N.E.3d __ (Ind., May 1, 2014).
Affirms intimidation and obstruction of justice convictions for defendant who threatened safety of child custody judge and expert witness.
Bleeke v. Lemmon, No. 02S05-1305-PL-364, ___ N.E.2d ___ (Ind., Apr. 16, 2014).
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.