New York conviction for “operating a motor vehicle while ability impaired” required a lesser showing of impairment than Indiana’s OWI offense, and therefore was not “substantially similar” to support enhancing Indiana OWI charges based on a prior conviction within five years.
Hernandez v. State, No. 49S02-1511-CR-644, ___ N.E.3d ___ (Ind. Nov. 10, 2015).
At trial for carrying a handgun without a license, defendant presented some evidence to support defense of necessity; trial court therefore erred in refusing to give the instruction.
Darringer v. State, No. 32A01-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).
Traffic stop was based on unreasonable mistake of law, thus requiring suppression of evidence and reversal of OWI conviction; deputy’s belief in mid-2014 that temporary license plate could not be displayed in back window was unreasonable in view of 2013 amendment of I.C. § 9-32-6-11 expressly permitting such displays.
Trammell v. State, No. 24A01-1502-CR-51, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).
Defendant’s probation was improperly revoked, because State failed to prove that the alleged violation occurred during the probationary period; Court of Appeals would not consider matters outside the record included in the State’s Appendix purporting to show the dates defendant was on probation.
Gertiser v. Stokes, No. 29S02-1511-DR-643, __ N.E.3d __ (Ind., Nov. 10, 2015).
Revoking spousal maintenance requires proof “not merely that the maintenance award had become unreasonably excessive, but its very existence had become unreasonable.”