The trial court properly admitted evidence that the defendant’s daughter’s death was no accident under Evid. Rule 404(b)’s lack-of-accident purpose, even though the defendant did not affirmatively claim mistake or accident.
Criminal
Stickrod v. State, No. 79A04-1710-CR-2473, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2018).
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.
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.