Damages were not limited to $75,000 for a case that was remanded to state court because the alleged amount in controversy did not exceed $75,000.
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.
State v. Larkin, No. 46S04-1711-CR-701, __ N.E.3d __ (Ind., June 27, 2018).
Delays resulting from defendant’s interlocutory appeal and motion for change of judge are attributable to him when calculating Criminal Rule 4(C) time period.
When there is prosecutorial misconduct, the remedy characteristically imposed is not to dismiss the charges but to suppress the evidence.
Paquette v. State, No. 63S04-1709-CR-570, __ N.E.3d __ (Ind., June 29, 2018).
The resisting law enforcement statute, Ind. Code 35-44.1-3-1, permits only one conviction for each act of resisting, even where multiple deaths are caused by use of a vehicle.
Edmonds v. State, No. 18S-CR-50, __ N.E.3d __ (Ind., June 20, 2018).
In a companion case to Paquette v. State, the resisting law enforcement statute, Ind. Code section 35-44.1-3-1, authorizes only one conviction for each act of resisting, even when it resulted in the death of one person and serious bodily injury to two others.