Synthetic-drug (aka “spice”) and “look-alike drug” statutes are not unconstitutional for vagueness or delegating legislative authority to administrative agency. But synthetic-drug charging informations were insufficient, requiring dismissal without prejudice, for failing to reference the emergency administrative rule criminalizing the “XLR11” drug on which the charges were based.
M. Massa
Gibson v. State, No. 22S00-1206-DP-359, ___ N.E.3d ___ (Ind. Sept. 24, 2015).
Six prospective jurors’ exposure to information that defendant was separately charged with two other murders did not warrant striking entire venire or declaring mistrial; trial court’s extensive small-group and individual voir dire identified the affected jurors, and all were immediately dismissed for cause.
SCI Propane, LLC v. Frederick, No. 55S04-1508-PL-501,__ N.E.3d __ (Ind., Aug. 27, 2015).
Attorneys’ fees are not recoverable under the General Wrongful Death Statute as a form of damages when the decedent is survived by a spouse and/or dependents.
Markey v. Estate of Markey, No. 89S05-1412-ES-749, __ N.E.3d __ (Ind., Aug. 4, 2015).
Plaintiff’s claim for breach of contract to make and not revoke mutual wills constitutes a “claim” as defined by the probate code in Ind. Code § 29-1-1-3(a)(2).
Russell v. State, No. 84S01-1409-CR-583, ___ N.E.3d ___ (Ind. June 29, 2015).
Plea agreement was enforceable despite its misstatement that the defendant’s consecutive sentences were capped by statute. Defendant was entitled to the benefit of his plea; sentence was mistakenly capped, but not necessarily illegal.