The State violated Indiana’s Double Jeopardy Clause when it brought two separate charges of dealing in synthetic drugs based solely upon the fact that the packets containing the spice bore different brand names.
Appeals
In re T.T. v. Ind. Dept. of Child Svcs., No. 18A-JC-1216, __ N.E.3d __ (Ind. Ct. App., Oct. 10, 2018).
Fact-finding hearings on CHINS petitions must be completed within 120 days of filing, regardless of any act or agreements of the parties involved.
Kaushal v. State, No. 49A04-1612-CR-2862, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2018).
In order to establish prejudice by counsel’s deficient performance resulting in a guilty plea, a defendant must substantiate his claim with contemporaneous evidence and not rely merely on post hoc claims that he would not have pled guilty had he been better advised.
Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission, No. 20A03-1709-CT-213, __ N.E.3d __ (Ind. Ct. App., Oct. 3, 2018).
Ind. Code 34-11-2-11.5 is the statute of limitations for Environmental Legal Actions; as soon as a person incurs a cleanup cost, the ten-year period starts to run with respect to that cost.
State v. Lucas, No. 18A-CR-92, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2018).
The search of a vehicle in defendant’s garage did not unconstitutionally exceed the scope of the search warrant under the Fourth Amendment. A search warrant authorizing a search of a particularly described premises permits the search of vehicles owned or controlled by the owner of, and found on, the premises.