Second Amendment protects possession of stun guns; right is not limited to arms in existence at the founding or weapons useful in warfare.
Criminal
Mannix v. State, No. 49A04-1505-CR-294, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.
Villaruel v. State, No. 71A03-1506-CR-544, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Trial court failed to undertake Batson analysis when defense challenged State’s peremptory strike of Hispanic juror; convictions were therefore reversed and remanded for new trial.
Frink v. State, No. 73A05-1507-CR-761, ___ N.E.3d ___ (Ind. Ct. App., March 24, 2016).
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.
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.