Telling police officers, “If you come any closer I’ll shoot,” was conditional and aimed at officers’ future, not past, conduct; it therefore did not threaten retaliation for their prior lawful act of responding to a domestic-disturbance report, and could not support intimidation conviction.
Appeals
Jackson v. State, No. 34A02-1505-CR-453, ___ N.E.3d ___ (Ind. Ct. App. Nov. 23, 2015).
Court could not impose maximum sentence based solely on defendant’s conduct unrelated to the circumstances of the crime; sentencing statement was therefore inadequate and required resentencing.
Patchett v. Lee, No. 29D01-1305-CT-4116, __ N.E.3d __ (Ind. Ct. App., Nov. 19, 2015).
Evidence of payments made by the Healthy Indiana Plan (“HIP”) to reimburse plaintiff’s medical providers was inadmissible.
State v. Bazan, No. 55A01-1506-CR-737, ___ N.E.3d ___ (Ind. Ct. App. Nov. 10, 2015).
New York conviction for “operating a motor vehicle while ability impaired” required a lesser showing of impairment than Indiana’s OWI offense, and therefore was not “substantially similar” to support enhancing Indiana OWI charges based on a prior conviction within five years.
Darringer v. State, No. 32A01-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).
Traffic stop was based on unreasonable mistake of law, thus requiring suppression of evidence and reversal of OWI conviction; deputy’s belief in mid-2014 that temporary license plate could not be displayed in back window was unreasonable in view of 2013 amendment of I.C. § 9-32-6-11 expressly permitting such displays.