Officer who offers a chemical test to a suspected intoxicated driver is not required to be certified to administer the test.
M. May
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.
Goodman v. SeRine, No. 55A01-1304-PL-176., __ N.E.3d __ (Ind. Ct. App., March 31, 2014)
Although the sellers’ bankruptcy action had been dismissed, bankruptcy court was the proper venue for a quiet title action on property that was part of the bankruptcy estate.
Wood v. State, No. 53A05-1208-CR-423 , __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).
Criminal Rule 4(C)’s one year period did not include the time required for the Indiana Supreme Court to appoint a special judge following withdrawal of a case from the trial judge pursuant to Criminal Rule 15 and Trial Rule 53.1. Affirms conviction for violating IC 14-15-4-1 on duties of a boat operator after a collision, but observes the “problematic” statute “permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”