A felony-murder charge of delivery of a narcotic drug resulting in death does not apply when two or more people jointly acquired and possessed the drug.
N. Vaidik
Wilcoxson v. State, No. 18A-CR-1882, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2019).
Defendant may be charged with two counts of attempted murder when he fired shots in the direction of two different officers, and double jeopardy doesn’t apply under either the continuous-crime doctrine or the very same act test.
Blankenship v. Duke, No. 19A-GU-518, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2019).
When a trial court orders parenting time in a guardianship case, it cannot allow the guardian to determine the parent’s parenting time with their child.
In re Adoption of C.A.H., No. 19A-AD-240, __ N.E.3d __ (Ind. Ct. App., July 30, 2019).
Father’s consent to adoption was irrevocably implied pursuant to Ind. Code § 31-19-10-1.2(g) because father failed to appear for the final hearing.
Rivera v. State, No. 18A-CR-2862, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Where there are no intervening proceedings between the reading of the preliminary instructions and the jury being excused for lunch, trial courts are not required to repeat the
admonishment required by I.C. 35-27-2-4(a). Jury instructions are considered as a whole and in reference to each other when deciding whether an instructional error amounts to fundamental error.