Seizure of cash exceeded the scope of the search warrants. “The search warrant did not (and could not) authorize the seizure of any and all currency; instead, that currency must be found to be ‘derived directly or indirectly from, produced through, or realized through’ drug trafficking.”
Criminal
McAlpin v. State, No. 39S01-1705-CR-342, __ N.E.3d __ (Ind., Aug. 14, 2017).
Drug-free zone sentencing enhancement was proper as jury could infer that a minor’s presence was reasonably expected in a public park even though school was in session and it did not have benches, playgrounds, or trees.
Martinez v. State, No. 49A02-1609-CR-2155, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2017).
This panel declines to follow Jean-Baptiste v. State and holds personal waiver of the right to jury trial in a misdemeanor case is not constitutionally required.
State v. McKinney, No. 65A05-1611-CR-2624, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
Trial court abused its discretion in denying the State’s motions to exclude alleged child molester from victim’s deposition and for victim to testify via closed circuit television.
Currie v. State, No. 01A02-1609-PC-2077, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
A post-conviction petition is not a successive petition until a first petition has been litigated to conclusion.