A felony-murder charge of delivery of a narcotic drug resulting in death does not apply when two or more people jointly acquired and possessed the drug.
Criminal
Wilcoxson v. State, No. 18A-CR-1882, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2019).
Defendant may be charged with two counts of attempted murder when he fired shots in the direction of two different officers, and double jeopardy doesn’t apply under either the continuous-crime doctrine or the very same act test.
Shaw v. State, No. 19S-PC-466, __ N.E.3d __ (Ind., Aug. 21, 2019).
A second or successive post-conviction petition is subject to the screening procedure outlined in P-C. R. 1(12) and must have appellate court authorization to proceed; however, a post-conviction petition that raises only issues emerging from a new trial, new sentencing, or new appeal obtained from a federal court through habeas proceedings is not a “second” or “successive” petition and does not require prior authorization.
Neal v. State, No. 19A-CR-174, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
Trial court must conduct a hearing to determine defendant’s ability to pay public defender fees and medical expenses; must reduce the medical expenses incurred by any amount of co-payment made by inmate and insurance or Medicaid reimbursement expected; and, must state a statutory basis for requiring defendant to pay a public defender fee.
Peele v. State, No. 19A-CR-313, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
The warrantless search of the sock that fell from defendant’s pants containing illegal drugs exceeded the proper scope of a Terry search in violation of his Fourth Amendment rights, and the evidence obtained in the search should not have been admitted at trial.