The Court of Appeals’ sua sponte constitutional analysis, that personal waiver of right to a jury trial must be on the record for a misdemeanor, is vacated.
Criminal
Jackson v. State, No. 82A04-1609-CR-2074,__ N.E.3d __ (Ind. Ct. App., Oct. 5, 2017).
The trial court committed fundamental error when it permitted the State to amend the charge on the criminal gang enhancement so that the charge no longer stated an offense under Indiana law.
West v. State, No. 02A04-1704-CR-783__ N.E.3d __ (Ind. Ct. App., Sept. 28, 2017).
A police order to exit the home was not the same as an order to stop, and the evidence was insufficient to sustain a conviction for resisting law enforcement.
J.G. v. State, No. 43A03-1705-JV-957, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2017).
Juvenile was entitled to counsel at the dispositional modification hearing.
Robinson v. State, No. 22A01-1604-CR-856, __ N.E.3d __ (Ind. Ct. App., Sept. 15, 2017).
A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.