Evidence was insufficient to prove the weight of the manufactured methamphetamine was three grams or more, as required for A felony manufacturing.
Appeals
In Re: Prosecutor's Subpoena Regarding S.H. and S.C., 73A01-1109-CR-468, ___ N.E.2d ___ (Ind. Ct. App., June 22, 2012).
A prosecutor investigating a crime before charging someone without a grand jury has the same authority to grant use immunity as a prosecutor using a grand jury.
City of Indianapolis v. Buschman, No. 49A02-1108-CT-782, ___ N.E.2d ___ (Ind. Ct. App., June 26, 2012).
When a claimant’s tort claim notice contains a specific and definitive assessment of loss, recovery is limited to the loss described in the original notice, and if additional losses are discovered after the notice has been submitted then the claimant should amend the original notice or submit another notice in a timely manner.
Orr v. State, No. 45A03-1107-CR-308, __ N.E.2d __ (Ind. Ct. App., June 18, 2012).
Evidence Rule 613(b) confers discretion to allow a prior inconsistent statement to be admitted before the witness has a chance to explain or deny or, in some circumstances, even when witness is not given any chance to explain or deny.
Sexton v. State, No. 02A03-1110-CR-465, __ N.E.2d __ (Ind. Ct. App., June 11, 2012).
When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”