A man's conviction for sexual battery was reversed by the Indiana Court of Appeals. The man was accused of walking up behind an unsuspecting woman and groping her in the thighs and crotch. The woman immediately turned around and the man ran away. He was arrested and charged with sexual battery, a Class D felony. He was convicted at trial of sexual battery, a Class D felony. He then appealed the conviction arguing that he had not compelled the woman to submit to a sexual touching, as required by the sexual battery statute.
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The Indiana Court of Appeals has reversed a man’s conviction for sexual battery, finding that kissing a sleeping victim does not meet the definition of sexual battery in Indiana. In this case a woman and two men had been watching television. The two men went to purchase more alcohol and the woman fell asleep while they were gone. She awoke to one of the men kissing and licking her face. The man was arrested and charged with sexual battery, a Class D felony. He was convicted at trial and appealed.
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Criminal charges for possession of marijuana in Indiana can be based on either actual or constructive possession of marijuana. When marijuana is found in a person's home, a resident can be found in constructive possession of marijuana when the State proves that the defendant had both the intent, and the capability, to maintain dominion and control over the marijuana. However, the presence of marijuana in someone's home, by itself, is not enough for the State to prove constructive possession.
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To revoke a defendant's probation for failing to pay financial obligations, the State must prove that the probationer had the ability to pay. The Indiana Court of Appeals has reversed a trial court's order to revoke probation, because the State failed to present evidence that the defendant had the ability to make the payments that were ordered as a term of probation.
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