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.
Criminal
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.
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.