Defendant’s multiple acts of contemptuous behavior constitute a single contemptuous episode, and his sentence must be reduced to a six-month sentence because that is the maximum penalty allowed without a jury trial.
Appeals
Powell v. Stuber, No. 71A03-1705-CT-967, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2017).
Trial court properly held, as a matter of law, that it is not foreseeable that a patron of a bar will be criminally attacked in the parking lot and then confront his assailants, placing himself at risk of further injury.
J.R. v. S.P., No. 31A04-1706-DC-1284, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2017).
Biological parent whose rights have been terminated cannot circumvent the law by filing a custody action under Ind. Code 31-17-2-3.
Sansbury v. State, No. 49A05-1704-CR-793, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2017).
Although vehicle was lawfully impounded, conviction for carrying a handgun without a license reversed because police did not conduct a valid inventory search of the impounded vehicle.
J.R. v. State, No. 49A02-1704-JV-754, __ N.E.3d __ (Ind. Ct. App., Dec. 8, 2017).
Conviction of a juvenile for possession of a handgun without a license was vacated because Ind. Code 35-47-2-1 applies only to adults, and a person under the age of eighteen is not eligible for a handgun license.