Instructions “prescribed sequential error.”
Appeals
Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).
“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”
T.B. v. Ind. Dept. of Child Svcs., No. 79A04-1110-JT-594, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2012).
The Court declined to adopt a policy that prohibits the involuntary termination of parental rights for all mentally retarded parents.
Estrada v. State, No. 20A03-1110-CR-474, __ N.E.2d__ (Ind. Ct. App., June 22, 2012).
As two of Estrada’s string of five robberies were armed, and she was 16 when she committed them, they were not within the subject matter jurisdiction of the juvenile court in which she was adjudicated delinquent for the other three robberies, so even assuming the successive prosecution statute applies to delinquencies the two armed robberies were not offenses which “should have been charged” in the juvenile proceeding.
Harmon v. State, No. 20A03-1110-CR-529, __ N.E.2d __ (Ind. Ct. App., June 28, 2012).
Evidence was insufficient to prove the weight of the manufactured methamphetamine was three grams or more, as required for A felony manufacturing.