The emergency rule promulgated by the Indiana Board of Pharmacy (the Board) purporting to add MDMB to Schedule I, fails to provide adequate information for a person of ordinary intelligence to determine whether he or she is dealing a substance that contains MDMB, and therefore, it is unconstitutionally vague.
Appeals
Theobald v. State, No. 21A-CR-2746, __ N.E.3d __ (Ind. Ct. App., June 30, 2022).
The “new-crime exception” to the Miranda exclusionary rule applies when a statement is made by a person who is subject to custodial interrogation but not given Miranda warnings. Under such circumstances, the statement is still admissible if the statement itself is evidence of a new crime.
Powers v. State, No. 21A-CR-1915, __ N.E.3d __ (Ind. Ct. App., June 22, 2022).
An officer must have reasonable suspicion of criminal activity in order to detain an individual beyond what is necessary to effectuate the purpose of the traffic stop.
Dunigan v. State, No. 21A-CT-2939, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
The trial court properly dismissed the complaint of an abusive litigant; the appellate court imposes sanctions on the litigant for his abuse of judicial resources.
BFD Enterprises, LLC v. Koepnick, No. 21A-CT-1931, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
The principal of comity supports dismissing Indiana lawsuit when one is pending in another state, even though the Indiana lawsuit was filed days before the other lawsuit, the other court acquired jurisdiction over the parties before the Indiana court and the other lawsuit is further along in the litigation process.