In the Richmond Hill explosion murder case, the evidence was sufficient to support the murder convictions and the statutory aggravator; the trial court properly refused to include the lesser-included jury instruction; and, Indiana’s life without parole statute is constitutional.
Berkhardt v. State, No. 49A04-1702-CR-369, __ N.E.3d __ (Ind. Ct. App., Aug.10, 2017).
Absence of evidence of a medical use for the syringes and possession of the syringes in a non-medical setting, and that the defendant possessed marijuana, used a false name and identification card, was not sufficient evidence to convict a person for unlawful possession of a hypodermic syringe.
In re the Name Change of A.L, No. 79A02-1703-MI-473, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2017).
No statutory requirement exists requiring publication of notice of intent to change gender marker. Although there is a statutory requirement to publish notice of intent to change one’s name, the record can be sealed and publication waived under Admin. Rule 9 if there is a showing of “a significant risk of substantial harm” for a transgender person to change name.
City of Fort Wayne v. Southwest Allen County Fire Protection District, No. 02A05-1612-PL-2883, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2017).
Trial court had subject matter jurisdiction over annexation issue. “Although annexation inevitably affects the allocation of tax revenue among units of government within the annexed area, it does not automatically follow that an action for a declaratory judgment with respect to an annexation statute arises under Indiana tax law and involves a dispute as to the interpretation of a tax law.”
Nickels v. State, No. 09A02-1703-CR-534, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).
Trial court must allow defendant the opportunity to make a closing argument before announcing a preliminary finding of guilt.