Defendant’s inability to give a sufficient sample on a chemical breath test after being suspected of driving under the influence was a refusal to take the test.
C. Bradford
Lehman v. State, No. 20A03-1511-CR-1963, ___N.E.3d____ (Ind. Ct. App., May 31, 2016).
Suspended attorney was guilty of practicing law as a non-attorney for providing various legal services during his suspension.
Willie Moore v. State, No. 49A02-1505-CR-321, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Illinois residential burglary statute was “substantially similar” to Indiana burglary offense; despite not expressly containing a “breaking” element, Illinois caselaw infers such a requirement, and Illinois statute classifies it as a “forcible felony.”
Evidence was insufficient to support “bodily injury” element of resisting law enforcement as a Level 6 felony; fact that officer was injured while chasing defendant on foot established only contributing, not proximate, causation.
State v. J.S., No. 16A04-1503-MI-89, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2015).
Trial court could not prevent the Bureau of Motor Vehicles from disclosing expunged OWI conviction to Commercial Driver’s License Information System. (At issue is the expungement law effective July 1, 2013, which has since been amended.)
Garcia v. State, No. 45A03-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).
Probable-cause affidavit’s statement that crime victim paid $3,600 for counterfeit coins was insufficient to support restitution order in that amount; facts presented in probable cause affidavits pose a risk of unreliability that the hearsay rule is designed to protect against.