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.
Appeals
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.
Trammell v. State, No. 24A01-1502-CR-51, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).
Defendant’s probation was improperly revoked, because State failed to prove that the alleged violation occurred during the probationary period; Court of Appeals would not consider matters outside the record included in the State’s Appendix purporting to show the dates defendant was on probation.
Pittman v. State, No. 49A05-1504-CR-137, ___ N.E.3d ___ (Ind. Ct. App. Nov. 5, 2015).
Attempted stalking, unlike the completed crime, does not require proof that the defendant’s conduct “actually causes the victim to feel terrorized, frightened, intimidated, or threatened.”
Townsend v. State, No. 02A03-1503-CR-90, ___ N.E.3d ___ (Ind. Ct. App. Nov. 5, 2015).
Jury’s rejection of insanity defense was not contrary to law, when there was evidence that defendant’s mental state was due to voluntary intoxication rather than mental disease or defect.