The imposition of a thirteen-year habitual offender enhancement was improper because the two prior out-of-state Level 3 felony convictions had to be treated as Level 6 felony convictions under the Indiana statute in force at the time (February 16, 2017). The legislature amended the definition of a “Level 6 felony” for purposes of the habitual offender enhancement effective March 8, 2018.
M. Bailey
Artigas v. State, No. 18A-CR-2877, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
To convict a person of operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood, only the scientific measurement in the lab report is relevant and not evidence of visible intoxication. A blood test that presented only a range from .07 to .084 g/100mL is insufficient to support a conviction.
Wilkes v. Celadon Croup, Inc., No. 18A-CT-2011, __ N.E.3d __ (Ind. Ct. App., April 12, 2019)
Summary judgment was reversed because a trucking company did not demonstrate that it owed no duty to properly securing items to be transported by a trucker.
Martin v. Ramos, No. 18A-SC-1648, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Expert medical testimony is still necessary in small claims proceedings, unless a layperson can readily understand the causation.
State v. Vance, No. 18A-CR-1746, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2019).
A search warrant was issued without probable cause when police did not maintain strict control in a buyer-dealer-source transaction and police surveillance was interrupted.