Defendant, a former school corporation employee, was not entitled to dismissal of charge of trespassing on corporation property; state presented sufficient facts to disprove that merely having children living in in the school system gave her a “contractual interest” in the school property.
Criminal
Wahl v. State, Nos. 29S04-1510-CR-605 and 29S04-1510-CR-606, ___ N.E.3d ___ (Ind., Mar. 15, 2016).
Alternate juror interjecting himself into deliberations was presumptively prejudicial, and State failed to rebut the presumption; therefore, new trial was required.
Grayson v. State, No. 49A05-1505-CR-350, ___ N.E.3d ___ (Ind. Ct. App., March 8, 2016).
Anonymous tip of individual in silver or gray car waving a gun in apartment parking lot provided reasonable suspicion for investigatory stop of defendant, who was in the only occupied silver car in the parking lot; officer’s observations then gave probable cause for search.
Marshall v. State, No. 20A03-1507-MI-973, ___ N.E.3d ___ (Ind. Ct. App., March 9, 2016).
Expungement was properly denied when, despite having no new convictions, petitioner had admitted in a pretrial diversion program to committing a new crime.
Lowden v. State, No. 49A02-1503-CR-170, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
For purposes of aggravated battery, “substantial risk of death or … protracted loss or impairment of the function of a bodily member or organ” is not a material element of the offense, but rather a result to which mens rea is inapplicable.