Special prosecutor was not required when defense counsel joined the prosecutor’s office as a deputy, since adequate steps were taken to insure that the former defense counsel had no communications of any sort with other members of the prosecutor’s office about defendant’s case.
M. May
Layman v. State, No. 20A04-1310-CR-518, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2014).
Multiple opinion decision affirms felony murder convictions of waived juveniles when the death resulted from burglary victim’s shooting of defendants’ accomplice.
State v. Schulze, No. 73A01-1311-CR-471, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2014).
Officer who offers a chemical test to a suspected intoxicated driver is not required to be certified to administer the test.
Wright v. State, No. 45A05-1310-CR-526, __ N.E.2d __ (Ind. Ct. App., July 11, 2014).
Removal of juror on basis he was refusing to deliberate was reversible error.
Wilhoite v. State, No. 34A04-1303-CR-138, __ N.E.3d __ (Ind. Ct. App., Apr. 23, 2014).
There is no crime of conspiracy to commit an attempt to commit a crime, but failure to object waived the error,which was not fundamental as the defendant was effectively tried and convicted of conspiracy to commit armed robbery.