The statute of limitations for the Attorney General’s complaint to recover public funds does not begin to run until the Attorney General receives the final, verified report from the Indiana State Board of Accounts.
E. Najam
Connor v. State, No. 18A-CR-442, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2018).
The results of the breath test were inadmissible since it was administered using a procedure that had not been approved by the Department of Toxicology.
Haddock v. State, No. 18A-CR-1362, __ N.E.3d __ (Ind. Ct. App., Oct. 29, 2018).
A defendant’s waiver of appellate rights is only valid if the sentence is imposed in accordance with the law; however, if a sentence imposed is illegal, and the defendant does not specifically agree to the sentence, the waiver-of-appeal provision is invalid.
Bradley v. State, No. 87A01-1711-CR-2584, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2018).
Defendant’s convictions for two counts of child molesting were affirmed; however, his other conviction for child molesting and conviction for incest were reversed since it is reasonably possible that the jury found him guilty on those counts for the very same acts that were the bases of his convictions for counts one and two.
Granger v. State, No. 18A-CR-1494, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2018).
Marijuana grinder is not drug paraphernalia. Paraphernalia is defined as an instrument or device that is used to put or insert a controlled substance into the body and a grinder can only be used to prepare marijuana for ingestion by another means, such as by a joint, a pipe, or a bong.