The Indiana Court of Appeals reverses three Level 5 felony intimidation convictions, holding that DCS is a ‘governmental entity’ but not a ‘government’ under Indiana’s terrorism definition statute, and remands for entry of lesser-included misdemeanor convictions.
The Indiana Court of Appeals departs from nearly forty years of precedent, holding that the assisting a criminal statute does not require proof that the person assisted fled across state lines to qualify as a ‘fugitive from justice.’
The Indiana Court of Appeals holds that the State need not prove THC in a driver’s blood came from illegal marijuana rather than legal hemp to sustain vehicular homicide charges, rejecting both statutory and federal preemption arguments.
The Indiana Court of Appeals affirms a murder conviction after three trials, holding that the defendant tacitly consented to the mistrial that triggered retrials by failing to object during an off-the-record chambers discussion—foreclosing his double jeopardy defense. The court also upholds a 70-year sentence and a consecutive firearm enhancement under Indiana Code section 35-50-2-11.