While Indiana’s attempted-murder statute contains no clear unit of prosecution, the multiple shots defendant fired—despite their proximity in space and time—amount to two chargeable offenses based on his dual purpose of intent to kill both victims.
Reece v. Tyson Fresh Meats, Inc., No. 20A-CT-214, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2020).
Defendant was not negligent when its grass grew so high that the grass blocked the view at the intersection because the “dangerous condition” was confined to defendant’s property.
King v. State, No. 20A-CR-6, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2020).
Driver’s license suspension with no controlling words such as “until” or “to” expires on 12:00 a.m. on the listed date and is no longer in effect from the beginning of that day; not 11:59 p.m.
State v. Vande Brake, No. 20S-CR-499, __ N.E.3d __ (Ind., Aug. 4, 2020).
The State has discretion to seek a firearm enhancement—which, necessarily, also means the State can withdraw or waive that enhancement.
Battering v. State, No. 20S-CR-31, __ N.E.3d __ (Ind., Aug. 5, 2020).
When seeking an interlocutory appeal, the State must formally move for a stay of the proceedings to properly toll the time limit set forth Criminal Rule 4(C).