Keck v. State, , __N.E.2d __ (Ind. Ct. App., Apr. 24, 2013).

Affirms trial judge’s conclusion that poor county road conditions made driving left-of-center necessary so that officer did not have a reasonable suspicion for stopping motorist driving on the left.

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Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).

Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”

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Tipton v. State, No. 47A01-1201-CR-4, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).

For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.

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Austin v. State, No. 20A03-1112-CR-588, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).

Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.

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Dowell v. State, No. 09A05-1201-CR-36, __ N.E.2d__ (Ind. Ct. App., Aug. 27, 2012).

Jury Rules’ “leeway” for assisting a deliberating jury does not permit giving a supplemental instruction on accomplice liability by means of a note to jurors, instead of rereading all instructions in open court.

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