Multiple opinion decision affirms felony murder convictions of waived juveniles when the death resulted from burglary victim’s shooting of defendants’ accomplice.
M. Bailey
Robertson v. State, No. 49A05-1310-CR-487, __ N.E.3d __ (Ind. Ct. App., May 28, 2014).
Defendant established a prima facie case for a Batson challenge when the State used its peremptory challenge to strike the only African-American member of the venire.
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Griffin v. State, No. 49A02-1212-CR-964, __ N.E.2d_ (Ind. Ct. App., Oct. 23, 2013).
When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”
Turner v. State, No. 49A05-1302-CR-59, __ N.E.2d __ (Ind. Ct. App., Sept. 3, 2013).
Discusses argument that statements of State’s confidential informant were not hearsay under the party-opponent hearsay exception.