The statute prohibiting individuals convicted of certain sex crimes from entering school property is unconstitutional as applied to defendant because it amounts to retroactive punishment in violation of the Ex Post Facto Clause.
Criminal
Durden v. State, No. 49A02-1701-CR-188, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
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.
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.