Bell v. State, No. 49A02-1312-CR-1026, __ N.E.3d __ (Ind. Ct. App., Jul. 28,...
Odor on a person of raw marijuana, like the smell of burnt marijuana, suffices to provide probable cause that the person possesses marijuana.
View ArticleWithers v. State, No. 48A02-1403-CR-130, __ N.E.3d __ (Ind. Ct. App., Aug....
In hearing to terminate drug court placement, trial court properly took judicial notice of notes of attendance reports in Drug Court file under Evidence Rule 201(b)(5), authorizing judicial notice of...
View ArticleEsmond v. State, No. 56A05-1404-CR-163, __ N.E.2d __ (Ind. Ct. App., Nov. 13,...
Defendant found incompetent to stand trial was not entitled to have counsel present during an insanity defense psychiatric examination by the State’s mental health expert.
View ArticleGarcia v. State, No. 49A05-1402-CR-61, __ N.E.3d __ (Ind. Ct. App., Feb. 3,...
Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution,...
View ArticleIn re S.A., __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2015).
“If multiple hearings are unavoidable, then the trial court should, if at all possible, refrain from adjudicating the child a CHINS until evidence has been heard from both parents. And if an...
View ArticleState v. Arnold, No. 22A05-1408-CR-387, __ N.E.3d __ (Ind. Ct. App., Feb. 27,...
Motion to set aside habitual offender enhancement should have been treated as a postconviction relief petition; trial court erred by vacating only the habitual enhancement, when the habitual...
View ArticleState v. Zerbe, No. 49A05-1410-MI-463, ___ N.E.3d ___ (Ind. Ct. App., May 29,...
Indiana Sexual Offender Registration Act (SORA) requirement for out-of-state sex offender registrants to register in Indiana for the period required by the other jurisdiction was enacted before...
View ArticleRichardson v. Richardson, No. 49A02-1410-DR-702, __N.E.3d __ (Ind. Ct. App.,...
The trial court had the authority to order a visitation order with stepfather, even though a different court had entered an order adjudicating support, custody and parenting time with the biological...
View ArticleMinor v. State, No. 49A02-1409-CR-628, ___ N.E.3d ___ (Ind. Ct. App., June...
Erroneous accomplice-liability instruction for attempted murder was harmless surplusage; State relied on ample evidence of Defendant’s liability as a principal and of his specific intent to kill, and...
View ArticleJohnson v. State, No. 49A02-1409-CR-409, ___ N.E.3d ___ (Ind. Ct. App., June...
Pat-down was permissible under the federal and State constitutions when defendant said he had no ID, then placed his hand in his pocket and repeatedly refused commands to remove it.
View ArticleSeal v. State, ___ N.E.3d ___, No. 48A02-1410-CR-775 (Ind. Ct. App. July 15,...
State’s inadvertent failure to preserve audio recordings of victims’ initial field interviews and subsequent follow-up interviews did not violate defendant’s rights; no law requires recording of victim...
View ArticleState v. Terrell, ___ N.E.3d ___, No. 55A01-1501-CR-9 (Ind. Ct. App. July 10,...
Contraband found in probationer’s home was admissible; probationer waived search and seizure rights and agreed to “reasonable” searches as condition of probation, and search was not unreasonable...
View ArticleZeller v. AAA Ins. Co., No. 64A05-1502-CT-84, __ N.E.3d __ (Ind. Ct. App.,...
Insurer’s acceptance of insured’s payment reinstated the insurance policy.
View ArticleIn re Paternity of Pickett, No. 29A02-1501-JP-9, __ N.E.3d __ (Ind. Ct. App,...
Trial court erred in ordering father to contribute to child’s college expenses based on the cost of a private university rather than a public university; the private university did not offer a special...
View ArticleBurnell v. State, No. 29A02-1412-CR-849, ___ N.E.3d ___ (Ind. Ct. App., Sept....
OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though...
View ArticleFox v. Bonam, No. 55A01-1503-PO-112, __ N.E.3d __ (Ind. Ct. App, Oct. 16, 2015).
The trial court erred in ordering the sheriff to seize firearms as part of a protective order between neighbors.
View ArticleTownsend v. State, No. 02A03-1503-CR-90, ___ N.E.3d ___ (Ind. Ct. App. Nov....
Jury’s rejection of insanity defense was not contrary to law, when there was evidence that defendant’s mental state was due to voluntary intoxication rather than mental disease or defect.
View ArticleBlackmon v. State, No. 48A02-1505-CR-270, ___ N.E.3d ___ (Ind. Ct. App. Dec....
Trial court did not err in denying Batson challenge, even though one of the State’s two race-neutral reasons for striking prospective juror was suspect and trial court did not specify which reason it...
View ArticleRhodes v. State, No. 49A02-1503-CR-173, ___ N.E.3d ___ (Ind. Ct. App. Jan....
Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
View ArticleRonald L. Sanford, Jr. v. State, No. 49A05-1506-PC-485, ___ N.E.3d ___, (Ind....
Trial court was within its discretion to find that defendant was not “diligent” in pursuing belated appeal under P-C.R. 2, which is exclusive means to reinstate untimely appeal in criminal cases;...
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