The imposition of a thirteen-year habitual offender enhancement was improper because the two prior out-of-state Level 3 felony convictions had to be treated as Level 6 felony convictions under the Indiana statute in force at the time (February 16, 2017). The legislature amended the definition of a “Level 6 felony” for purposes of the habitual offender enhancement effective March 8, 2018.
In re L.S., No. 18A-JT-2881, __ N.E.3d __ (Ind. Ct. App., May 21, 2019).
Drug test results do not fall under the business records exception to the rule against hearsay.
Lewis v. Putnam Cnty. Sheriff’s Dept., No. 18A-MI-1869, __ N.E.3d __ (Ind. Ct. App., May 23, 2019).
State was ordered to immediately reimburse money taken by civil forfeiture when the cash was prematurely turned over to the federal government and there was no evidence that a crime occurred.
In re Mandate for Lake Superior Ct. v Pera, No. 18S-CB-442, __ N.E.3d __ (Ind., May 16, 2019).
Substantial evidence supports the $176,467.17 award to the judges for attorney’s fees and expenses for their mandate action.
Gary v. State, No. 18A-CR-2067, __ N.E.3d __ (Ind. Ct. App., May 9, 2019).
Because some or all of the evidence could be used to prove defendant committed both felony intimidation and attempted murder, the conviction of intimidation is vacated as it violates his right against double jeopardy under the actual evidence test.