Evidence of numerous acts of defendant’s sexual intercourse with his daughter left “no reasonable possibility” that the jury relied upon the same acts in finding defendant guilty of incest and child molesting, so that Indiana double jeopardy protection did not prohibit convictions for both offenses.
Austin v. State, No. 20S03-1303-CR-158, __ N.E.2d __ (Ind., Nov. 15, 2013).
State Police search of truck following permissible sequential stops for traffic violations complied with Indiana Constitution protection against unreasonable search and seizure. Also, reviews and applies standards for prioritized treatment of Criminal Rule 4(b) motions for trial within seventy days.
Kitchell v. Franklin, No. 09S00-1307-PL-476, __ N.E.2d __ (Ind., Nov. 13, 2013).
Indiana’s Public-Private Agreements statute does not require a local legislative body to first adopt the statute before it may issue a request for proposals or begin contract negotiations as provided for under the statute.
Cross v. State, No. 73A01-1303-CR-134, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2013).
Rejects argument that punishment under current cocaine A felonies is disproportionate because penal code revisions effective July 1, 2014 reflect General Assembly determination of disproportionality.
Boyd v. WHTIV, Inc., No. 49A05-1303-PL-107, __ N.E.2d __ (Ind. Ct. App., Nov. 5, 2013).
The three-day extension of time provided by Trial Rule 6(E) applies to summary judgment proceedings.