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.
State v. Stafford, No. 39A04-1705-CR-930, __ N.E.3d __ (Ind. Ct. App., Dec. 27, 2018).
A trial court may not amend a sentence made pursuant to a fixed plea agreement; however, a trial court is authorized to reject such an agreement.
Cannon v. State, No. 18A-CR-1871, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2018).
A person cannot be convicted of giving false information to an official investigating the commission of a crime when he simply fails to provide any information at all.
Denson v. Estate of Dillard, No. 18A-CT-1112, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2018).
Summary judgment was properly granted in a negligence action. Because the Defendant’s sudden physical incapacity was not reasonably foreseeable, Defendant successfully negated the element of breach of duty.