An act of reckless driving in a work zone can only sustain one conviction even though it caused two deaths; the distinction between conduct- and result-based offenses remains the law in Indiana.
Criminal
Porter v. State, No. 49A02-1703-CR-572, __ N.E.3d __ (Ind. Ct. App., Aug. 22, 2017).
The roadside search of a passenger after a routine traffic stop was unduly invasive and marijuana discovered in her possession should not have been admitted into evidence at trial.
Dill v. State, No. 59A01-1610-CR-2449, __ N.E.3d __ (Ind. Ct. App., Aug. 22, 2017).
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.
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.