While Indiana’s attempted-murder statute contains no clear unit of prosecution, the multiple shots defendant fired—despite their proximity in space and time—amount to two chargeable offenses based on his dual purpose of intent to kill both victims.
Supreme
State v. Vande Brake, No. 20S-CR-499, __ N.E.3d __ (Ind., Aug. 4, 2020).
The State has discretion to seek a firearm enhancement—which, necessarily, also means the State can withdraw or waive that enhancement.
Battering v. State, No. 20S-CR-31, __ N.E.3d __ (Ind., Aug. 5, 2020).
When seeking an interlocutory appeal, the State must formally move for a stay of the proceedings to properly toll the time limit set forth Criminal Rule 4(C).
Mullins v. State, No. 20S-CR-451, __ N.E.3d __ (Ind., Jul. 6, 2020).
Defendant’s 24½-year sentence, based on multiple controlled buys of methamphetamine over a two-week period and the resulting traffic stop, which uncovered additional contraband, was inappropriate.
Clark v. Mattar, No. 20S-CT-109, __ N.E.3d __ (Ind., July 9, 2020).
When juror stated he did not want to serve as a juror, had a favorable impression of doctors, and stated repeatedly that he could not and would not be able to assess non-economic damages, he should have been struck for cause; a new trial is appropriate.