Allowing State to amend death-penalty charging information shortly before trial—changing the aggravator from having “committed” another murder to having “been convicted of” another murder—was not error.
Supreme
Hitch v. State, No. 45S03-1604-CR-167, ___ N.E.3d ___ (Ind., April 5, 2016).
A determination that the defendant was ineligible to possess a firearm under Ind. Code 35-38-1-7.7(a) did not amount to additional punishment.
Whistle Stop Inn, Inc. v. City of Indianapolis, No. 49S02-1604-MI-175, __ N.E.3d __ (Ind., April 11, 2016).
Indianapolis’ non-smoking ordinance does not violate the Equal Privileges and Immunities Clause of Article 1, Section 23 of the Indiana Constitution.
In re Custody of M.B., No. 65S04-1604-MI-00180, __ N.E.3d __ (Ind., April 12, 2016).
“[A] third-party, who seeks to commence an independent child custody action under Indiana Code § 31-17-2-3(2), may properly do so in circuit court, but if a CHINS case is pending when the custody action is filed and no exception to the juvenile court’s exclusive jurisdiction is applicable, the circuit court should abstain from exercising its jurisdiction and stay any proceedings on the custody action until final disposition of the CHINS proceeding.”
Ackerman v. State, No. 49S00-1409-CR-770, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Under the particular circumstances, autopsy report was not prepared for “primary purpose” of future investigation or prosecution, and therefore was not testimonial hearsay.