Where the state charged the defendant with obstruction of justice citing the wrong provision of that statute, defendant’s motion for directed verdict should have been granted.
T. Crone
Lynn v. State, No. 49A05-1601-CR-4, __N.E.3d__ (Ind. Ct. App., Aug. 23, 2016).
Although the inclusion of affirmation language in the jury instruction was not fundamental error, the best practice is for trial courts to redact such language from the pattern jury instructions.
Ellis v. State, 02A03-1602-CR-376, __N.E.3d__(Ind. Ct. App., July 29, 2016).
Postconviction court must determine whether petitioner seeking credit time has exhausted his administrative remedies.
Patel v. State, 71A01-1504-CR-166, __N.E.3d__, (Ind. Ct. App., July 22, 2016).
Legislature never intended the feticide statute to apply to pregnant women.
Mannix v. State, No. 49A04-1505-CR-294, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.