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.
Supreme
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.
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.