Even though defense counsel agreed to removal of a juror after deliberations had begun, where the record did not show that the removal was justified, the conviction must be reversed and a new trial held.
Criminal
Stafford v. State, No. 49A05-1609-CR-2012, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
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.
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.”