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).
L. Rush
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.
McAlpin v. State, No. 39S01-1705-CR-342, __ N.E.3d __ (Ind., Aug. 14, 2017).
Drug-free zone sentencing enhancement was proper as jury could infer that a minor’s presence was reasonably expected in a public park even though school was in session and it did not have benches, playgrounds, or trees.