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.
Criminal
McCarty v. State, No. 84A04-1707-CR-1599, __ N.E.3d __ (Ind. Ct. App., March 20, 2018).
When placing a person on probation, the trial court must provide clear and specific written terms, including each condition of probation.
Wilson v. State, No. 49A04-1706-CR-1201, __ N.E.3d __ (Ind. Ct. App., March 22, 2018).
When, without probable cause, police officers approached defendant at gunpoint and handcuffed him, and defendant remained handcuffed and guarded by one or the other officer while two searches of his vehicle were conducted, the officers’ actions exceeded the scope of an investigatory stop and became an arrest without probable cause.
Howell v. State, No. 82A05-1707-CR-1474, __ N.E.3d __ (Ind. Ct. App., March 13, 2018).
Defendant’s criminal recklessness conviction vacated as violating double jeopardy prohibition because factfinder used the essential elements of armed robbery to establish the essential elements of criminal recklessness.
T.H. v. State, No. 18S-JV-80,__ N.E.3d __(Ind., March 9, 2018)
Affirms the Court of Appeals opinion that no reasonable fact-finder could find the element of loss of at least $750 was proven beyond a reasonable doubt when there are unexplained anomalies in the repair estimate.