The resisting law enforcement statute, Ind. Code 35-44.1-3-1, permits only one conviction for each act of resisting, even where multiple deaths are caused by use of a vehicle.
Criminal
Edmonds v. State, No. 18S-CR-50, __ N.E.3d __ (Ind., June 20, 2018).
In a companion case to Paquette v. State, the resisting law enforcement statute, Ind. Code section 35-44.1-3-1, authorizes only one conviction for each act of resisting, even when it resulted in the death of one person and serious bodily injury to two others.
State v. Lindauer, No. 87A05-1709-CR-2137, __ N.E.3d __ (Ind. Ct. App., June 20, 2018).
Criminal Rule 4(C) was created to move cases along and not to create a mechanism to avoid trial. A defendant cannot habitually move to reset the preliminary hearing at which the trial date was to be set and then claim that his right to trial within a year was violated.
Marshall v. State, No. 64A05-1710-CR-2368, __ N.E.3d __ (Ind. Ct. App., June 20, 2018).
Because the arresting officer could only testify that the defendant’s vehicle “was going over the posted speed limit”, he did not have specific articulable facts to support his initiation of a traffic stop, and therefore it violated defendant’s Fourth Amendment rights.
Durden v. State, No. 18S-CR-329, __ N.E.3d __ (Ind., June 20, 2018).
Even though trial court improperly removed a juror after deliberations had begun, defendant’s convictions were affirmed because he and his defense counsel expressly agreed to the constitutionally-defective procedure as part of a deliberate trial strategy.