When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”
Criminal
Baker v. State, No. 89S01-1109-CR-543, __ N.E.2d __ (Ind., June 12, 2012).
Evidence that defendant, who broke and entered, had opened cupboards and drawers was sufficient to support an inference that the defendant was looking for something to take and consequently had intended to commit theft when he broke and entered.
Ervin v. State, No. 29A05-1109-CR-454, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012
Trial court properly concluded that evidence should not be suppressed as Ind. Code § 9-30-2-2 was not implicated. The statute provides that an officer may not arrest a person “for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway” unless the officer is in uniform or a marked police vehicle, but defendant was not arrested for violating a law regulating the use of a motor vehicle.
Blueford v. Arkansas, No. 10–1320, 566 U.S. ____ (May 24, 2012).
The jury foreperson’s report that the jury was unanimous regarding the charges of capital murder and first-degree murder in his favor was not a final resolution when the trial ended in a mistrial, and so the Double Jeopardy Clause does not bar retrying defendant on those charges.
Adams v. State, No. 49A05-1107-CR-372,___ N.E.2d ___ (Ind. Ct. App., May 24, 2012).
The definition of mature stalks of marijuana is not unconstitutionally vague in light of the facts and circumstances of the present case.