McWhorter v. State, No. 33S01-1301-PC-7, __ N.E.2d __ (Ind., Sept. 12, 2013).

Adheres to Indiana position that verdicts are not reviewable for being “inconsistent, contradictory, or irreconcilable,” and holds that collateral estoppel does not prevent defendant acquitted of murder from being retried for manslaughter in this case.

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Turner v. State, No. 49A05-1302-CR-59, __ N.E.2d __ (Ind. Ct. App., Sept. 3, 2013).

Discusses argument that statements of State’s confidential informant were not hearsay under the party-opponent hearsay exception.

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Becker v. State, No. 45S03-1301-CR-9, __ N.E.2d __ (Ind., Aug. 22, 2013).

Under a supreme court 2011 decision, Indiana ex post facto law would have allowed lifetime sex offender registration to apply to Becker, but a 2008 trial court ruling to the contrary was res judicata against the State on the issue, as the local prosecutor’s representation in the 2008 litigation was in privity with the DOC’s intervention in 2011 seeking to impose lifetime registration status based on the 2011 opinion.

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Morris v. State, No. 14A05-1209-CR-495, __ N.E.2d __ (Ind. Ct. App., Aug. 23, 2013).

A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.

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Garrett v. State, No. 49S04-1207-PC-431, __ N.E.2d __ (Ind., Aug. 28, 2013).

“[T]he ‘actual evidence’ test . . . is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury.”

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