Seizure of cash exceeded the scope of the search warrants. “The search warrant did not (and could not) authorize the seizure of any and all currency; instead, that currency must be found to be ‘derived directly or indirectly from, produced through, or realized through’ drug trafficking.”
McAlpin v. State, No. 39S01-1705-CR-342, __ N.E.3d __ (Ind., Aug. 14, 2017).
Drug-free zone sentencing enhancement was proper as jury could infer that a minor’s presence was reasonably expected in a public park even though school was in session and it did not have benches, playgrounds, or trees.
Bd. of Cmm’r of Union Cty. v. McGuinness, No. 81S01-1708-PL-529, __ N.E.3d __ (Ind., Aug. 15, 2017).
County did not have third-party standing to sue on behalf of its residents.
Jones v. Wilson, No. 03A04-1701-PL-233, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2017).
Using the broad type of plaintiff/broad type of harm analysis, third-party criminal act was not foreseeable. Defendant, wrestling event promoter, had no duty to plaintiff, attendee, who was attacked in the parking lot leaving the event.
Martinez v. State, No. 49A02-1609-CR-2155, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2017).
This panel declines to follow Jean-Baptiste v. State and holds personal waiver of the right to jury trial in a misdemeanor case is not constitutionally required.