Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.
Appeals
Villaruel v. State, No. 71A03-1506-CR-544, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Trial court failed to undertake Batson analysis when defense challenged State’s peremptory strike of Hispanic juror; convictions were therefore reversed and remanded for new trial.
Frink v. State, No. 73A05-1507-CR-761, ___ N.E.3d ___ (Ind. Ct. App., March 24, 2016).
Defendant, a former school corporation employee, was not entitled to dismissal of charge of trespassing on corporation property; state presented sufficient facts to disprove that merely having children living in in the school system gave her a “contractual interest” in the school property.
In re D.W., No. 45A03-1507-JC-842, __ N.E.3d __ (Ind. Ct. App., March 24, 2016).
Trial court’s order denying mother’s motion to modify permanency plan was not a final judgment, and so the Court of Appeals lacked subject matter jurisdiction over appeal.
ESPN, Inc. v. University of Notre Dame Security Police Dept., No. 71A05-1505-MI-381, __ N.E.3d __ (Ind. Ct. App., March 15, 2016).
Private university’s police department qualified as a “public agency” under the Indiana Access to Public Records Act’s definition and so is required to provide access to its public records not exempted by the Act.