Abandonment is an allowable defense for both attempted robbery and conspiracy to commit robbery, but it must be voluntary and occur after the “prohibited conduct” and before the “underlying crime” has been committed or becomes inevitable.
L. Rush
Calvin v. State, No. 02S03-1709-CR-611 , __ N.E.3d __ (Ind., Dec. 21, 2017).
Despite an argument that it leads to an absurd result, a level 4 burglary conviction could not be enhanced with a habitual-offender finding because defendant’s two prior out-of-state convictions must be treated as Level 6 felonies under Ind. Code 35-50-2-8(b).
Taylor v. State, No. 82S00-1610-LW-576, __ N.E.3d __ (Ind., Dec. 5, 2017).
Seventeen-year-old defendant’s LWOP sentence for murder and conspiracy to commit murder reduced to an aggregate eighty-year term.
Watkins v. State, No. 82S01-1704-CR-191, __ N.E.3d __ (Ind., Oct. 18, 2017).
Courts should look to the totality of the circumstances when determining the reasonableness of search warrants, as set forth in Litchfield v State.
John Doe #1 v. Ind. Dept. of Child Svcs., No. 49S02-1609-CT-464, __ N.E.3d __ (Ind., Aug. 24, 2017).
Statute requiring Department of Child Services (DCS) to protect reporter identity (Ind. Code § 31-33-18-2) does not create a a private right of action; there was also no common-law basis for to impose a duty on DCS for confidentiality.