Pat-down was permissible under the federal and State constitutions when defendant said he had no ID, then placed his hand in his pocket and repeatedly refused commands to remove it.
T. Crone
Minor v. State, No. 49A02-1409-CR-628, ___ N.E.3d ___ (Ind. Ct. App., June 10, 2015).
Erroneous accomplice-liability instruction for attempted murder was harmless surplusage; State relied on ample evidence of Defendant’s liability as a principal and of his specific intent to kill, and did not seriously pursue accomplice liability as a distinct basis for conviction.
Richardson v. Richardson, No. 49A02-1410-DR-702, __N.E.3d __ (Ind. Ct. App., June 10, 2015).
The trial court had the authority to order a visitation order with stepfather, even though a different court had entered an order adjudicating support, custody and parenting time with the biological father.
State v. Zerbe, No. 49A05-1410-MI-463, ___ N.E.3d ___ (Ind. Ct. App., May 29, 2015).
Indiana Sexual Offender Registration Act (SORA) requirement for out-of-state sex offender registrants to register in Indiana for the period required by the other jurisdiction was enacted before defendant moved to Indiana, and therefore was not unconstitutional ex post facto law.
State v. Arnold, No. 22A05-1408-CR-387, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
Motion to set aside habitual offender enhancement should have been treated as a postconviction relief petition; trial court erred by vacating only the habitual enhancement, when the habitual enhancement was an integral part of the plea agreement’s disposition of charged offenses.