While defendant showed obnoxious disrespect for authority, her conviction for resisting law enforcement was reversed because strong, powerful, violent means were not shown to be used to evade a law enforcement official’s rightful exercise of his duties.
Criminal
Granger v. State, No. 18A-CR-1494, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2018).
Marijuana grinder is not drug paraphernalia. Paraphernalia is defined as an instrument or device that is used to put or insert a controlled substance into the body and a grinder can only be used to prepare marijuana for ingestion by another means, such as by a joint, a pipe, or a bong.
Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).
Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.
Bradtmiller v. State, No. 18A-CR-884, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Although defendant properly waived his right to a jury trial on the underlying charges, he did not waive his right to a jury trial on the habitual-offender enhancement because he did not personally communicate to the judge a desire to waive that right.
DeCola v. State, No. 18A-MI-732, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Petitioners seeking expungement are not entitled to a jury trial. The Indiana Code does not allow for an individual to have a school suspension expunged from his records; expungement is a remedy limited to criminal arrests and convictions.