Statutory domestic violence crime determination is a fact which increases the penalty for a crime and accordingly must be determined by the jury under the Blakely Sixth Amendment rule.
Appeals
White v. State, No. 29A05-1312-PC-641, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2014).
There is no “class-of-one” defense to criminal charges.
Jones v. State, No. 49A02-1406-CR-383, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2014).
D felony assisting a criminal does not require State to prove defendant knew the level or type of felony the assisted person committed.
Rodriguez v U.S. Steel Corp., No. 45A04-1407-CT-350, __ N.E.3d __ (Ind. Ct. App., Dec. 31, 2014).
Company did not have a duty to the plaintiff when its employee fell asleep driving after his shift, crashing his car into the plaintiff.
Elvers v. State, No. 34A02-1404-CR-239, __ N.E. 3d __ (Ind. Ct. App., Dec. 17, 2014).
Because the dealing in a synthetic drug offense prohibits dealing in a synthetic substance “in any pure or adulterated form,” a single charge of dealing in the synthetic substance JWH-122 should have been used rather than separate dealing charges for each brand name of “spice” product containing the synthetic substance JWH-122.