Statutory domestic violence crime determination is a fact which increases the penalty for a crime and accordingly must be determined by the jury under the Blakely Sixth Amendment rule.
Criminal
Morgan v. State, No. 49S02-1405-CR-00325, __ N.E.3d __ (Ind., Dec. 18, 2014).
“[W]e uphold the constitutionality of Indiana’s public intoxication statute, Ind. Code § 7.1-5-1-3, by reading a reasonableness standard into ‘annoys.’”
White v. State, No. 29A05-1312-PC-641, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2014).
There is no “class-of-one” defense to criminal charges.
Jones v. State, No. 49A02-1406-CR-383, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2014).
D felony assisting a criminal does not require State to prove defendant knew the level or type of felony the assisted person committed.
Heien v. North Carolina, No. 13-604, __ U.S. __ (Dec. 15, 2014).
An officer has the reasonable suspicion required by the Fourth Amendment for a traffic stop even if she is mistaken about the law she believes was violated, as long as her mistake of law is “objectively reasonable.”