Statutory domestic violence crime determination is a fact which increases the penalty for a crime and accordingly must be determined by the jury under the Blakely Sixth Amendment rule.
Fishers Adolescent Catholic Enrichment Society, Inc. v. Bridgewater, No. 93S02-1310-EX-704, __ N.E.3d __ (Ind., Jan. 6, 2015).
Disability discrimination claim must fail because the alleged discriminatory practice falls outside the authority of the Indiana Civil Rights Commission when it does not relate to education.
Morgan v. State, No. 49S02-1405-CR-00325, __ N.E.3d __ (Ind., Dec. 18, 2014).
“[W]e uphold the constitutionality of Indiana’s public intoxication statute, Ind. Code § 7.1-5-1-3, by reading a reasonableness standard into ‘annoys.’”
White v. State, No. 29A05-1312-PC-641, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2014).
There is no “class-of-one” defense to criminal charges.
Jones v. State, No. 49A02-1406-CR-383, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2014).
D felony assisting a criminal does not require State to prove defendant knew the level or type of felony the assisted person committed.