Trial court should have determined if defendant with multiple drug-related court contacts was eligible for substance abuse treatment and placement in Community Corrections.
Livingston v. State, No. 18S-CR-623, __ N.E.3d __ (Ind., December 28, 2018).
Utilizing evidence based best practices for rehabilitation in a community setting and avoiding the use of scarce prison space for nonviolent offenders, the defendant’s sentence of thirty years in the DOC was reduced to twenty-three years in community corrections.
Trimnell v. State, No. 18A-CR-987, __ N.E.3d __ (Ind. Ct. App., Dec. 31, 2018).
Drug dealer who supplied drug that eventually attributed to the death of his customer could not be charged under the felony murder statute when his conduct was not the mediate or immediate cause of death.
Moriarity v. Ind. Dept. of Natural Resources, No. 18S-PL-00296, __ N.E.3d __ (Ind., Jan. 3, 2019).
Dept. of Natural Resources had jurisdiction over dam on private property based on its location in, on, or along a stream of Indiana.
Springfield v. State, No. 18A-CR-1317, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2018
Double jeopardy principles were violated when defendant was convicted and punished for the enhancement of possessing a firearm based on the same behavior that formed the basis of his unlawful possession of a firearm by a SVF conviction.