A juvenile court has subject matter jurisdiction to entertain a delinquency petition and waive a defendant to adult criminal court but does not have jurisdiction to adjudicate a defendant over age twenty-one a delinquent child and enter a disposition.
Criminal
McCain v. State, No. 19A-CR-1113, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2020
While a trial judge is not prohibited from expressing personal disagreement with a jury’s verdict, a trial judge is prohibited from enhancing a defendant’s sentence based on that disagreement.
Reust v. State, No. 18A-CR-2887, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2019).
Landscaping at a new home construction site does not fall under the Indiana Home Improvement Fraud Statute, which requires that the consumer live in the dwelling at the time of the home improvement.
Johnson v. State, No. 19A-CR-975, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2019).
Gaming Enforcement Agent unlawfully exceeded the scope of a pat down search by reaching into defendant’s pocket and removing a ball of powdered substance.
Buford v. State, No. 19A-CR-956, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2019).
Criminal contempt for violation of a no contact order and ninety-day jail sentence was vacated on double jeopardy grounds because the State filed an invasion of privacy charge on the same day as the contempt hearing.