The Supreme Court has granted transfer in the misdemeanor sentencing case Jennings v. State, thereby vacating the Court of Appeals opinions found at 956 N.E.2d 203 (Ind. Ct. App. 2011), on rehearing 962 N.E.2d 1260 (Ind. Ct. App. 2012).
B. Dickson
Dye v. State, No. 20S04-1201-CR-5, __ N.E.2d __ (Ind., July 31, 2012).
Habitual offender enhancement may not be imposed on conviction of possession of a firearm by a serious violent felon.
Castillo v. State, No. 45S00-1102-LW-110, __ N.E.2d __ (Ind., July 31, 2012).
When evidence showed defendant’s boyfriend killed her child and that she was an accomplice to the murder, the life without parole sentence for her was inappropriate; revises murder sentence to 65 years.
Clark v. Clark, No. 01S02-1112-CT-690, ___ N.E.2d ___ (Ind., July 23, 2012).
The Indiana Guest Statute does not preclude a passenger from bringing a negligence action against a driver “as to injuries inflicted when such a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park.”
Baker v. State, No. 89S01-1109-CR-543, __ N.E.2d __ (Ind., June 12, 2012).
Evidence that defendant, who broke and entered, had opened cupboards and drawers was sufficient to support an inference that the defendant was looking for something to take and consequently had intended to commit theft when he broke and entered.