Burke v. State, No. 49A02-1006-CR-660, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2011)

Sentence enhancement for burglary of a structure used for religious worship does not violate federal Constitution’s Establishment Clause or Indiana Constitution’s prohibition of government preference for a particular religion.

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State v. Velasquez, No. 53A05-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)

Trial court did not err by giving a preliminary instruction on State’s anticipated use of character evidence. Licensed social worker providing treatment to child victim properly could testify as to victim’s statements to her which the worker or another could rely on to give treatment, even though the worker said she did not make diagnoses. Statutory prohibition of licensed clinical social worker’s giving opinion testimony did not preclude worker’s being qualified as an expert or giving factual testimony.

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Hoglund v. State, No. 90A02-1005-CR-591, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)

Rejects argument that caselaw has superseded Lawrence v. State’s holding permitting ” some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters.”

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Miller v. State, No. 08S02-1102-CR-108, __ N.E.2d __ (Ind., Feb. 24, 2011)

Adopts Court of Appeals holding that IC 35-50-2-2(i)’s provision limiting suspension of Class A felony child molesting sentence, with a perpetrator over 21 and a victim under 12, to portion of sentence over 30 years does not establish the minimum sentence for the offense, which is 20 years.

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Sanjari v. State, No. 20A03-1007-CR-384, __ N.E.2d __ (Ind. Ct. App., Feb. 11, 2010)

Defendant was properly tried in absentia after he refused to leave his cell for trial, when evidence indicated he had been ill due to his hunger strike but was better on the date of trial. Defendant was also properly denied additional continuances near trial and properly required to represent himself, after the court had granted one continuance for defendant’s counsel of choice to obtain admission in Indiana pro hac vice but counsel then submitted two defective requests for admission. Defendant was charged with two counts of criminal nonsupport, one for each of his children, but as there was only a single support order for support in gross, he could be convicted only a a single count of failure to support.

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