Use of the sedative midazolam for lethal injections does not violate the Eighth Amendment, despite claims that it cannot reliably render an inmate unconscious before administering the lethal drugs.
Criminal
Russell v. State, No. 84S01-1409-CR-583, ___ N.E.3d ___ (Ind. June 29, 2015).
Plea agreement was enforceable despite its misstatement that the defendant’s consecutive sentences were capped by statute. Defendant was entitled to the benefit of his plea; sentence was mistakenly capped, but not necessarily illegal.
Wahl v. State, No. 29A04-1409-CR-418, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
Evidence was sufficient for daycare provider’s involuntary manslaughter conviction for a child in her care. Alternate juror’s misconduct in deliberations was harmless and therefore not grounds for mistrial.
Grundy v. State, No. 49A02-1409-CR-665, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
Revised criminal code’s habitual-offender provision does not apply retroactively to offense committed before July 1, 2014 effective date.
Anderson v. State, No. 79A02-1501-CR-10, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
“Rushing” a victim to gain unauthorized entry to a dwelling satisfies “force” element of burglary.