Ball v. State, No. 06A01-1007-CR-426, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2011)

“Sleep is not equivalent to a mental disability or deficiency for purposes of the sexual battery statute, and therefore, the State’s evidence that Ball’s victim was sleeping when he began kissing her is insufficient to support his conviction for sexual battery.”

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Sneed v. State, No. 16A01-1010-CR-544, __ N.E.2d __ (Ind. Ct. App., Apr. 25, 2011)

Limiting bail to full cash deposit only, when trial court did not articulate any reasons for not allowing the surety bond defendant requested, and when record did not indicate defendant was a flight risk, was an abuse of discretion.

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Serrano v. State, No. 02S03-1104-CV-241, __ N.E.2d __ (Ind., Apr. 27, 2011)

Civil forfeiture evidence failed to establish by the required preponderance that the truck subject to the action had been used in furtherance of the driver’s drug possession or for the purpose of drug possession.

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Brown v. State, No. 49A02-1008-CR-905, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)

The 2010 amendment providing credit time for persons on electronic home monitoring as a direct commitment to community corrections does not apply retroactively.

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Beeler v. State, No. 49A05-1007-CR-456, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)

The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.

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