A determination that the defendant was ineligible to possess a firearm under Ind. Code 35-38-1-7.7(a) did not amount to additional punishment.
M. Massa
State v. Buncich, No. 45S00-1409-PL-587, __ N.E.3d __ (Ind., March 22, 2016).
Consolidation of small voting precincts in Lake County is constitutional, nor is it an impermissible special law or a violation of the separation of powers doctrine.
Wahl v. State, Nos. 29S04-1510-CR-605 and 29S04-1510-CR-606, ___ N.E.3d ___ (Ind., Mar. 15, 2016).
Alternate juror interjecting himself into deliberations was presumptively prejudicial, and State failed to rebut the presumption; therefore, new trial was required.
Myers v. Crouse-Hinds Division of Cooper Industries, Inc., No. 49S00-1502-MI-119, __ N.E.3d __ (Ind., March 2, 2016).
The Indiana Product of Liability Act statute of repose does not apply in cases where there is prolonged exposure to inherently dangerous foreign substances like asbestos.
Tyson v. State, No. 45S03-1509-CR-528, ___ N.E.3d ___ (Ind., Feb. 25, 2016).
Statute requiring “a person who is required to register as a sex or violent offender in any jurisdiction” to likewise register in Indiana did not violate Indiana ex post facto clause as applied to Texas offender who moved to Indiana after 2006 enactment of that statute. Texas law already required offender to register; maintaining that status in Indiana was not punitive under the intent-effects test.