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Case Clips

Published by the Indiana Office of Court Services

T. Boehm

R.J.G. v. State, No. 64S04-0809-JV-483, __ N.E.2d __ (Ind., Mar. 10, 2009)

March 13, 2009 Filed Under: Juvenile Tagged With: Supreme, T. Boehm

[A] juvenile court may order a commitment to the Department of Correction and, in the same order, provide for probation following release from the Department of Correction.

Pelley v. State, No. 71S05-0808-CR-446, __ N.E.2d __ (Ind., Feb. 19, 2009)

February 20, 2009 Filed Under: Criminal Tagged With: Supreme, T. Boehm

Criminal Rule 4(C)’s one-year limitation does not include the time during which trial proceedings have been stayed pending interlocutory appeal. Appointment of a special prosecutor was not required under an appearance of impropriety standard when circumstances indicated regular prosecutor had no actual conflict.

McCullough v. State, No. 49S02-0809-CR-508, __ N.E.2d (Ind., Feb. 10, 2009)

February 13, 2009 Filed Under: Criminal Tagged With: B. Dickson, Supreme, T. Boehm

(1) in the exercise of the appellate authority to review and revise criminal sentences, a court may decrease or increase the sentence; (2) the State may not by appeal or cross-appeal initiate a challenge to a sentence imposed by a trial court; and (3) if a defendant seeks appellate review and revision of a sentence, the State may respond and urge the imposition of a greater sentence without the necessity of proceeding by cross-appeal.

State v. Washington, No. 02S03-0804-CR-191, __ N.E.2d __ (Ind., Dec. 31, 2008)

January 2, 2009 Filed Under: Criminal Tagged With: B. Dickson, R. Rucker, Supreme, T. Boehm

Under the state and federal Constitutions, an officer, without reasonable suspicion, can inquire as to possible further criminal activity, in this case drug possession, when a motorist is stopped for a traffic infraction.

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