Legislature never intended the feticide statute to apply to pregnant women.
T. Crone
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.
Frink v. State, No. 73A05-1507-CR-761, ___ N.E.3d ___ (Ind. Ct. App., March 24, 2016).
Defendant, a former school corporation employee, was not entitled to dismissal of charge of trespassing on corporation property; state presented sufficient facts to disprove that merely having children living in in the school system gave her a “contractual interest” in the school property.
Holloway v. State, No. 71A04-1508-CR-1292, ___ N.E.3d ___, (Ind. Ct. App. Feb. 18, 2016).
Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.
Jason Hansbrough v. State, No. 29A04-1508-CR-1121, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Dog sniff did not prolong Defendant’s traffic stop in violation of his constitutional rights.