Dealing in methamphetamine is not the same conduct as conspiracy to possess and distribute methamphetamine; State is not barred by Indiana’s double jeopardy statute from prosecution after defendant entered a guilty plea in federal court.
Criminal
Bowman v. State, No. 49A02-1606-MI-1463, __ N.E.3d __ (Ind. Ct. App., Aug. 16, 2017).
Seizure of cash exceeded the scope of the search warrants. “The search warrant did not (and could not) authorize the seizure of any and all currency; instead, that currency must be found to be ‘derived directly or indirectly from, produced through, or realized through’ drug trafficking.”
McAlpin v. State, No. 39S01-1705-CR-342, __ N.E.3d __ (Ind., Aug. 14, 2017).
Drug-free zone sentencing enhancement was proper as jury could infer that a minor’s presence was reasonably expected in a public park even though school was in session and it did not have benches, playgrounds, or trees.
Martinez v. State, No. 49A02-1609-CR-2155, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2017).
This panel declines to follow Jean-Baptiste v. State and holds personal waiver of the right to jury trial in a misdemeanor case is not constitutionally required.
State v. McKinney, No. 65A05-1611-CR-2624, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
Trial court abused its discretion in denying the State’s motions to exclude alleged child molester from victim’s deposition and for victim to testify via closed circuit television.