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.
E. Najam
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.
Hall v. State, No. 17A-CR-3022, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).
“[W]e need not decide whether there might have been any error in the filing of the petition by the prosecuting attorney instead of the director of community corrections because we hold that any potential error was a procedural, not jurisdictional, error.”
Dotson v. Stryker Corp., No. 18A-PL-220, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2018).
Trial court did not abuse its discretion when it considered a deposition on summary judgment when it had not reviewed or signed at the time of its designation.
Weekly v. State, No. 20A03-1712-CR-2922, __ N.E.3d __ (Ind. Ct. App., June 29, 2018).
A habitual vehicular substance offender (HVSO) finding does not constitute a separate crime nor result in a separate sentence, but is an enhancement to an underlying felony conviction.