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.
L. Rush
Snow v. State, No. 45S03-1703-CR-169, __ N.E.3d __ (Ind., June 22, 2017).
Res gestae is no longer a proper basis for admitting evidence; instead, admissibility is determined under Indiana’s Rules of Evidence.
Harris v. State, No. 45S03-1703-CR-172, __ N.E.3d __ (Ind., June 22, 2017).
Although properly admitted evidence was not relevant to his alleged crimes at a joint trial, defendant waived his fair trial argument because he never moved for a separate trial and he first raised the issue at oral argument.
Zanders v. State, No. 15S01-1611-CR-571, __ N.E.3d __ (Ind., May 4, 2017).
Under the third-party doctrine, police are not required to obtain a search warrant to get historical cell-site location information from a cell phone provider.
Escamilla v. Shiel Sexton Co., Inc., No. 54S01-1610-CT-546, __ N.E.3d __ (Ind., May 4, 2017).
Unauthorized immigrants can pursue claims for decreased earning capacity damages. Unauthorized immigration status is admissible only if the evidence’s proponent shows by a preponderance of evidence that the plaintiff will be deported.