As two of Estrada’s string of five robberies were armed, and she was 16 when she committed them, they were not within the subject matter jurisdiction of the juvenile court in which she was adjudicated delinquent for the other three robberies, so even assuming the successive prosecution statute applies to delinquencies the two armed robberies were not offenses which “should have been charged” in the juvenile proceeding.
Evidence was insufficient to prove the weight of the manufactured methamphetamine was three grams or more, as required for A felony manufacturing.
In Re: Prosecutor’s Subpoena Regarding S.H. and S.C., 73A01-1109-CR-468, ___ N.E.2d ___ (Ind. Ct. App., June 22, 2012).
A prosecutor investigating a crime before charging someone without a grand jury has the same authority to grant use immunity as a prosecutor using a grand jury.
Gill v. Evansville Sheet Metal Works, Inc., No. 49S05-1111-CV-672, ___ N.E.2d ___ (Ind., June 25, 2012).
Defined “improvement to real property” as used in Indiana Code 32-30-1-5 as “(1) an addition to or betterment of real property; (2) that is permanent; (3) that enhances the real property’s capital value; (4) that involves the expenditure of labor or money; (5) that is designed to make the property more useful or valuable; and (6) that is not an ordinary repair.”
City of Indianapolis v. Buschman, No. 49A02-1108-CT-782, ___ N.E.2d ___ (Ind. Ct. App., June 26, 2012).
When a claimant’s tort claim notice contains a specific and definitive assessment of loss, recovery is limited to the loss described in the original notice, and if additional losses are discovered after the notice has been submitted then the claimant should amend the original notice or submit another notice in a timely manner.