When auto’s tail light had a hole in it such that the white light from the hole was “overwhelming,” as long as there was some red light plainly visible at 500 feet there was no violation of the tail lamp statute and the stop predicated on a tail lamp violation was illegal.
Bookwalter v. State, No. 79A01-1402-CR-69, __ N.E.3d __ (Ind. Ct. App., Dec. 9, 2014).
One who possesses a syringe with intent to inject heroin does not commit the Legend Drug Act offense of possession of a syringe.
Parks v. State, No. 79S04-1412-CR-730, __ N.E.3d __ (Ind., Dec. 10, 2014).
Acting pursuant to Appellate Rule 7(B), revises 40 year dealing in methamphetamine sentence to 30 years.
Legg v. State, No. 49A02-1404-CR-279, __ N.E.3d __ (Ind. Ct. App., Dec. 10, 2014).
Affirms trial court’s decision not to apply the alternative juvenile sentencing provision and to instead impose a standard adult sentence.
Montgomery v. State, No. 82A01-1404-CR-163, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2014).
NPLEx system’s records of pseudoephedrine or ephedrine sales evidence were not “testimonial” and hence their admission did not violate the accused’s Sixth Amendment Confrontation Clause rights.