Circumstantial evidence may be used to prove intent to violate a protective order and trial courts may weigh ongoing acts of criminal misconduct as an aggravating factor to enhance sentencing.
Supreme
Brantley v. State, No. 18S-CR-98, __ N.E.3d __ (Ind., Feb. 16, 2018).
Voluntary manslaughter may be brought as a standalone charge with the element of sudden heat as a mitigating factor, which a jury may consider along with claims of self-defense.
Ward v. Carter, No. 46S03-1709-PL-00569, __ N.E.3d __(Ind., Feb. 13, 2018).
Department of Correction’s change to Indiana’s lethal injection combination of drugs is not a substantive rule that must be promulgated according to the Administrative Rules and Procedures Act.
Gunderson v. State, No. 46S03-1706-PL-423, __ N.E.3d __(Ind., Feb. 14, 2018).
The boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high-water mark and that, absent an authorized legislative conveyance, the State retains exclusive title up to that boundary.
McCain v. State, No. 18S-CR-26, __ N.E.3d __ (Ind., Jan. 17, 2018).
Trial court’s forty-year sentence for felony child molesting was not inappropriate and does not warrant appellate revision under Appellate Rule 7(B).