Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.
Villaruel v. State, No. 71A03-1506-CR-544, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Trial court failed to undertake Batson analysis when defense challenged State’s peremptory strike of Hispanic juror; convictions were therefore reversed and remanded for new trial.
Frink v. State, No. 73A05-1507-CR-761, ___ N.E.3d ___ (Ind. Ct. App., March 24, 2016).
Defendant, a former school corporation employee, was not entitled to dismissal of charge of trespassing on corporation property; state presented sufficient facts to disprove that merely having children living in in the school system gave her a “contractual interest” in the school property.
State v. Buncich, No. 45S00-1409-PL-587, __ N.E.3d __ (Ind., March 22, 2016).
Consolidation of small voting precincts in Lake County is constitutional, nor is it an impermissible special law or a violation of the separation of powers doctrine.
State v. International Business Machines Corp., No. 49S02-1408-PL-00513, __ N.E.3d __ (Ind., March 22, 2016).
Using the performance standards and indicators provided in the master services agreement, collective breaches were material in light of the agreement as a whole.