Evidence of an individual’s alcohol concentrate equivalent is relevant to the question of whether an individual was intoxicated, regardless of whether the individual’s alcohol concentrate equivalent was more or less than 0.08.
Criminal
Wirthlin v. State, No. 24A01-1711-CR-2662, __ N.E.3d __ (Ind. Ct. App., April 11, 2018).
Defendant’s signing of documents that include a waiver of counsel do not fulfill the trial court’s responsibility to ensure a knowing, intelligent, and voluntary waiver.
Weida v. State, No. 79S02-1711-CR-00687, __ N.E.3d __ (Ind., April 12, 2018).
The prior version of Sex Offender Special Condition 26, providing a ban on using the internet, is unreasonable since it does not reasonably relate to probationer’s rehabilitation and protecting the public.
Ivy v. State, No. 82A04-1711-PC-2506, __ N.E.3d __ (Ind. Ct. App., April 4, 2018).
Attempted murder conviction reversed because trial counsel failed to object to improper jury instruction, and tender a proper instruction, regarding the specific intent required to prove accomplice liability.
Batchelor v. State, No. 11A01-1707-CR-1574, __ N.E.3d __ (Ind. Ct. App., March 28, 2018).
Jury instruction that misstated mens rea for resisting law enforcement was a fundamental error that mandated reversal of conviction; it was erroneous for the trial court to give the instruction when the defendant did not request it.