Temperly v. State (Ind. Ct. App., Kirsch, J.)-Evidence that defendant’s BAC was .244 and that he had been involved without fault in a fatal accident did not, without more, prove he endangered another person so as to be guilty of Class A misdemeanor OWI.
J. Kirsch
Indiana Bureau of Motor Vehicles v. McNeil, No. 02A03-1001-MI-90, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Trial court erred when it interpreted Ind. Code § 34-11-2-4(3) to impose a statute of limitations on the BMV’s ability to impose an administrative suspension.
Calvert v. State, No. 40A05-0911-CR-659, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
Evidence proved no more than defendant’s preparation to commit a crime, which was not sufficient to prove the “substantial step” required for an attempt conviction. Defendant’s conviction of possession of a firearm by a serious violent felon was based on proof he possessed the same sawed-off shotgun relied on to convict him of possession of a sawed-off shotgun, so that sawed-off shotgun conviction was prohibited under Indiana double jeopardy law.
Lewis v. State, No. 49A02-0908-CR-736, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
Plurality opinion holds that officer’s incursions into auto passenger compartment, after driver had been arrested outside the vehicle, violated 4th Amendment and Indiana Constitution Art. I Sec. 11.
Halferty v. State, No. 20A03-0910-CR-475, __ N.E.2d __ (Ind. Ct. App., July 9, 2010)
Testimony that cooking ephedrine/pseudoephedrine would “usually” and “generally” reduce it to methamphetamine at a 70 percent ratio but that ratio could have been as low as 50 percent was insufficient to prove defendant was manufacturing more than three grams of methamphetamine so as to support an A felony conviction.