One who possesses a syringe with intent to inject heroin does not commit the Legend Drug Act offense of possession of a syringe.
Appeals
Legg v. State, No. 49A02-1404-CR-279, __ N.E.3d __ (Ind. Ct. App., Dec. 10, 2014).
Affirms trial court’s decision not to apply the alternative juvenile sentencing provision and to instead impose a standard adult sentence.
Montgomery v. State, No. 82A01-1404-CR-163, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2014).
NPLEx system’s records of pseudoephedrine or ephedrine sales evidence were not “testimonial” and hence their admission did not violate the accused’s Sixth Amendment Confrontation Clause rights.
Watters v. State, No. 34A02-1403-CR-215, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
Under the “indicia of reliability” rule for probation revocation evidence, admission of uncertified exhibits not substantiated by certified copies, affidavits, or testimony was reversible error.
Montgomery v. State, No. 49A02-1312-CR-1039, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
When post-conviction court determines petitioner received ineffective assistance of counsel on direct appeal, the remedy is a new trial, not a trial court order that petitioner received a second direct appeal.