Dunn v. State, No. 49A02-1407-CR-470, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).

Court abused its discretion by granting State’s motion to withdraw a plea agreement because the victim had not been notified; victim-notice error was invited by State’s sworn assertion in connection with the plea agreement that victim had been notified.

Read Case Clip or Read Full Opinion

Bowman v. State, No. 21A04-1404-CR-180, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).

Without lab test, field test, or corroborating circumstantial evidence, testimony that the product of a controlled buy “looked like” heroin was insufficient to prove dealing in a narcotic drug within 1,000 feet of a school.

Read Case Clip or Read Full Opinion

Carr v. State, No. 45A04-1409-CR-456, __ N.E.3d __ (Ind. Ct. App., May 12, 2015).

Savings statute for the revised penal code prohibited application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify for a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.

Read Case Clip or Read Full Opinion

Tiplick v. State, No. 49A04-1312-CR-617, __ N.E.3d__ (Ind. Ct. App., Jan. 27, 2015).

The dealing in a synthetic drug and possession of a synthetic drug offenses, as in effect in 2012, are unconstitutionally vague.

Read Case Clip or Read Full Opinion

J.P. v. Mid American Sound, No. 49A04-1405-CT-207, __ N.E.3d __ (Ind. Ct. App., Jan. 14, 2015).

The Indiana Tort Claims Act aggregate liability cap, as applied to the defendant, is constitutional.

Read Case Clip or Read Full Opinion