Evidence of an individual’s alcohol concentrate equivalent is relevant to the question of whether an individual was intoxicated, regardless of whether the individual’s alcohol concentrate equivalent was more or less than 0.08.
Appeals
Wirthlin v. State, No. 24A01-1711-CR-2662, __ N.E.3d __ (Ind. Ct. App., April 11, 2018).
Defendant’s signing of documents that include a waiver of counsel do not fulfill the trial court’s responsibility to ensure a knowing, intelligent, and voluntary waiver.
Ivy v. State, No. 82A04-1711-PC-2506, __ N.E.3d __ (Ind. Ct. App., April 4, 2018).
Attempted murder conviction reversed because trial counsel failed to object to improper jury instruction, and tender a proper instruction, regarding the specific intent required to prove accomplice liability.
Robinson v. Ind. Dept. of Local Govt. Finance, No. 45A03-1707-PL-1643,__ N.E.3d __ (Ind. Ct. App., April 9, 2018).
Trial court does not have authority to transfer a case to the Tax Court; the case must be dismissed and refiled.
Batchelor v. State, No. 11A01-1707-CR-1574, __ N.E.3d __ (Ind. Ct. App., March 28, 2018).
Jury instruction that misstated mens rea for resisting law enforcement was a fundamental error that mandated reversal of conviction; it was erroneous for the trial court to give the instruction when the defendant did not request it.