Reverses forfeiture of vehicle on basis that employee detained in her workplace while trying to illegally take employer’s property was not in possession, constructive or otherwise, of her automobile parked in the lot at the place of employment.
S. David
Hoagland v. Franklin Township Comm. School Corp., No. 49S02-1410-PL-643, __N.E.3d __ (Ind., March 24, 2015).
Public schools are not constitutionally required to provide transportation to students.
Wesheit v. State, No. 10S00-1307-DP-492, __ N.E.3d __ (Ind., Feb. 18, 2015).
Defendant failed to show that denial of his challenges for cause to prospective jurors and his consequent exhaustion of his peremptories had the result of forcing him to accept objectionable jurors. Trial court properly determined that juror’s wife’s note given to jurors with cookies she baked did not require a mistrial. Opinion also rejects contention that capital jury’s failure to list mitigating circumstances indicated the jury failed to consider the mitigation evidence.
Study v. State, No. 06S04-1407-CR-461, __ N.E.3d __ (Ind., Feb. 4, 2015).
“[T]he concealment-tolling provision under Indiana Code § 35-41-4-2(h)(2) requires a positive act by the defendant that is calculated to conceal the fact that a crime has been committed.”
Cleary v. State, No. 45S03-1404-CR-295, __ N.E.3d __ (Ind., Jan. 15, 2015).
Jury reached guilty verdicts on lesser charges but hung on greater charges; court did not enter judgment on the guilty verdicts; “[i]t is unequivocal that if the trial court had entered a judgment of conviction for those lesser-included misdemeanors, Indiana Code § 35-41-4-3(a) would have barred the State from retrying Cleary”; concludes “that Indiana Code § 35-41-4-3(a)’s implied acquittal provision does not apply when the jury returns a guilty verdict on a lesser-included offense but deadlocks on the greater charge.”