Jury instruction in OWI was fundamental error, when it impermissibly shifted burden from State to Defendant on the only contested element.
M. May
Pierce v. State, No. 28A05-1502-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 23, 2015).
Petition to revoke probation based on commission of theft, unlike criminal charge of theft, need not identify the stolen property with specificity.
Strunk v. State, No. 47A01-1411-CR-487, ___ N.E.3d ___ (Ind. Ct. App., Sept. 15, 2015).
Minor sex-abuse victim properly authenticated Facebook message from defendant to her; she was familiar with appearance of defendant’s Facebook page and had previously communicated with him through Facebook messages.
Cleveland Range, LLC v. Lincoln Fort Wayne Assoc., LLC, No. 02A05-1503-PL-96, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2015).
T.R. 27 petition to depose witnesses before the initiation of litigation was within the trial court’s discretion, as there was evidence supporting expectations it might be a party to a suit, it seeks to preserve specifically identified facts probative to a key issue, and declining to permit the depositions could result in a failure or delay of justice based on the age of the witnesses.
Wharton v. State, No. 49A02-1502-CR-85, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
“Open plea” of guilty to multiple OWI charges did not waive defendant’s double-jeopardy challenge to those convictions.