Student who threw a punch at another student but instead hit his teacher committed the equivalent of battery against his teacher under the doctrine of transferred intent.
Criminal
Calvert v. State, No. 40A05-0911-CR-659, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
Evidence proved no more than defendant’s preparation to commit a crime, which was not sufficient to prove the “substantial step” required for an attempt conviction. Defendant’s conviction of possession of a firearm by a serious violent felon was based on proof he possessed the same sawed-off shotgun relied on to convict him of possession of a sawed-off shotgun, so that sawed-off shotgun conviction was prohibited under Indiana double jeopardy law.
Lewis v. State, No. 49A02-0908-CR-736, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
Plurality opinion holds that officer’s incursions into auto passenger compartment, after driver had been arrested outside the vehicle, violated 4th Amendment and Indiana Constitution Art. I Sec. 11.
Wilkins v. State, No. 02A03-0910-CR-451, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
When factors which would justify a “no-knock” residential search were not “exigent,” but rather were known when the search warrant was applied for but not presented to the judge to have judicial authority for a “no-knock” entry, and the policy of the law enforcement agency was to routinely leave the “no-knock” decision to the police team rather than obtaining approval from an independent authority, suppression of the fruits of the “no-knock” search was appropriate under the Indiana Constitution.
Williams v. State, No. 18A02-0911-CR-1092, __ N.E.2d __ (Ind. Ct. App., July 16, 2010)
When two controlled substance possession counts alleged possession of different commercial drugs, Vicodin and Anexsia, when each drug contained the same controlled substance, dihydrocodeinon, there could be only one conviction of possession of a controlled substance.