Hawkins v. State, No. 79A02-1101-CR-100, __ N.E.2d __ (Ind. Ct. App., July 18, 2011).

Sentence modification statute’s 365 day period in which judge may modify without prosecutor agreement starts when original sentence is imposed and is not “reset” with a resentencing.

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Cottingham v. State, No. 06A01-1008-CR-431, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).

2010 amendment of I.C. 35-38-2.6-6 providing for “credit time” for community corrections home detention is ameliorative and required credit for home detention served prior to the amendment when probation was revoked after effective date.

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Sharp . State, No. 12A02-1010-CR-1188, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).

Defendant’s convictions for Class A child molesting and Class C child molesting, alleged to have occurred during the same 13 month period, did not violate Indiana double jeopardy under the “actual evidence test.”

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Berry v. State, No. 49A04-1008-CR-536, __ N.E.2d __ (Ind. Ct. App., July 20, 2011).

Reverses bench trial conviction and acquits defendant on the basis of caselaw “fixed insanity” doctrine that a “defendant who manifests a mental disease or defect, as opposed to intoxication, caused by prolonged and chronic alcohol abuse that renders him or her unable to distinguish right from wrong is not responsible for a crime committed while in that condition.”

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Carpenter v. State, No. 49S02-1104-CR-198, __ N.E.2d __ (Ind., July 21, 2011)

“A complete review of Carpenter’s criminal history reveals that—although ample in number and clearly a recidivist—his crimes are of the type where a forty-year sentence is inappropriate.”

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