Adopts Court of Appeals holding that A misdemeanor Operating While Intoxicated requires evidence on the element of endangerment.
Criminal
Marbley-El v. State, No. 71S03-1006-PC-329, __ N.E.2d __ (Ind., June 24, 2010)
Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Giddings v. State, No. 40A01-0909-PC-455, __ N.E.2D __ (Ind. Ct. App., June 25, 2010)
U.S. Supreme Court’s verdict unanimity requirement for individual components of a continuing criminal enterprise under federal criminal law is not applicable to Indiana child molesting cases.
Whatley v. State, No. 49S02-0908-CR-379, __ N.E.2d __ (Ind., June 8, 2010)
Church with an active youth program was a “youth program center” for purposes of drug offense enhancement.
Malenchik v. State, No. 79S02-0908-CR-365, __ N.E.2d __ (Ind., 2010)
“[R]esults of LSI-R and SASSI offender assessment instruments are appropriate supplemental tools for judicial consideration at sentencing.”