Charging information for conspiracy to commit murder by shooting the victim did not give defendant fair notice of lesser-included battery offenses based on beating the victim.
Supreme
Ind. Bureau of Motor Vehicles v. Vawter, No. 49S00-1407-PL-494, __N.E.3d __ (Ind., Nov. 6, 2015).
Personalized license plates are government speech.
Williams v. State, No. 48S05-1507-CR-424, ___ N.E.3d ___ (Ind. Oct. 26, 2015).
Officer’s testimony that “there’s zero doubt in my mind that this was a transaction for cocaine” was an opinion on the ultimate issue of guilt in violation of Ind. Evidence Rule 704(b), but was harmless error.
Masters v. Masters, No. 02S04-1504-DR-156, __ N.E.3d __ (Ind., Oct. 16, 2015).
The proper standard of review under the Family Law Arbitration Act is the clearly erroneous standard prescribed by Trial Rule 52(A).
Tiplick v. State, No. 49S04-1505-CR-287, ___ N.E.3d ___ (Ind., Oct. 7, 2015).
Synthetic-drug (aka “spice”) and “look-alike drug” statutes are not unconstitutional for vagueness or delegating legislative authority to administrative agency. But synthetic-drug charging informations were insufficient, requiring dismissal without prejudice, for failing to reference the emergency administrative rule criminalizing the “XLR11” drug on which the charges were based.