Dealing in methamphetamine is not the same conduct as conspiracy to possess and distribute methamphetamine; State is not barred by Indiana’s double jeopardy statute from prosecution after defendant entered a guilty plea in federal court.
Appeals
Estate of Kent v. Kerr, No. 55A01-1612-ES-2907, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2017).
Prior to the decedent’s death, Ind. Code § 29-1-9-1 permits the prospective beneficiaries of a future inheritance to execute a family settlement agreement to determine their anticipated rights or interests in the decedent’s estate.
Bowman v. State, No. 49A02-1606-MI-1463, __ N.E.3d __ (Ind. Ct. App., Aug. 16, 2017).
Seizure of cash exceeded the scope of the search warrants. “The search warrant did not (and could not) authorize the seizure of any and all currency; instead, that currency must be found to be ‘derived directly or indirectly from, produced through, or realized through’ drug trafficking.”
Jones v. Wilson, No. 03A04-1701-PL-233, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2017).
Using the broad type of plaintiff/broad type of harm analysis, third-party criminal act was not foreseeable. Defendant, wrestling event promoter, had no duty to plaintiff, attendee, who was attacked in the parking lot leaving the event.
Martinez v. State, No. 49A02-1609-CR-2155, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2017).
This panel declines to follow Jean-Baptiste v. State and holds personal waiver of the right to jury trial in a misdemeanor case is not constitutionally required.