Because some or all of the evidence could be used to prove defendant committed both felony intimidation and attempted murder, the conviction of intimidation is vacated as it violates his right against double jeopardy under the actual evidence test.
Criminal
Baca v. State, No. 18A-CR-2756, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).
A trial court’s grant of a directed verdict for the defendant under Trial Rule 50 acts as an acquittal on that count and bars the State from amending the charge and a retrial.
Howard v. State, No. 18A-CR-1830, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).
The trial court abused its discretion when it permitted the State to amend the information two business days before the start of the trial as it did not give defendant a reasonable opportunity to prepare for and defend against the new counts.
Core v. State, No. 91A02-1611-PC-2604, __ N.E.3d __ (Ind. Ct. App., April 24, 2019).
PCR Rule 2(1) allows an eligible defendant to appeal from a conviction or sentence after the time for filing an appeal has expired, but does not permit a belated appeal from a post-conviction or other post-judgment proceeding.
Artigas v. State, No. 18A-CR-2877, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
To convict a person of operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood, only the scientific measurement in the lab report is relevant and not evidence of visible intoxication. A blood test that presented only a range from .07 to .084 g/100mL is insufficient to support a conviction.