The entry of judgments of convictions for two counts of possession of methamphetamine violated double jeopardy; merging the two convictions at sentencing was insufficient to correct the violation.
Criminal
Carr v. State, No. 18A-CR-286, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Admission of a prior statement made by the victim to a law enforcement official did not violate defendant’s Sixth Amendment confrontation rights and was admissible as a hearsay exception when defendant’s own wrongdoing caused the victim’s unavailability.
Bullock v. State, No. 49A05-1706-CR-1247, __ N.E.3d __ (Ind. Ct. App., July 5, 2018).
Notwithstanding a CCS entry after a mistrial that contained the word judgment, the court had not entered a judgment of conviction and the defendant could be retried
Weekly v. State, No. 20A03-1712-CR-2922, __ N.E.3d __ (Ind. Ct. App., June 29, 2018).
A habitual vehicular substance offender (HVSO) finding does not constitute a separate crime nor result in a separate sentence, but is an enhancement to an underlying felony conviction.
State v. Larkin, No. 46S04-1711-CR-701, __ N.E.3d __ (Ind., June 27, 2018).
Delays resulting from defendant’s interlocutory appeal and motion for change of judge are attributable to him when calculating Criminal Rule 4(C) time period.
When there is prosecutorial misconduct, the remedy characteristically imposed is not to dismiss the charges but to suppress the evidence.