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.
Criminal
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.
Stone v. State, No. 34A02-1710-CR-2514, __ N.E.3d __ (Ind. Ct. App., Oct. 10, 2018).
The State violated Indiana’s Double Jeopardy Clause when it brought two separate charges of dealing in synthetic drugs based solely upon the fact that the packets containing the spice bore different brand names.
B.T.E. v. State, No. 36S05-1711-JV-711, __ N.E.3d __ (Ind., Oct. 11, 2018).
The defendant’s planning, solicitations, bomb research, drawings depicting the target classroom, and death note together justify the trial court’s conclusion that his affirmative conduct amounts to a substantial step toward the commission of aggravated battery.
M.D. v. State, No. 18S-CR-488, __ N.E.3d __ (Ind., Oct. 3, 2018).
A person in police custody is not entitled to advisement of rights under Pirtle prior to police obtaining consent to conduct a Drug Recognition Exam (“DRE”).