Under the third-party doctrine, police are not required to obtain a search warrant to get historical cell-site location information from a cell phone provider.
Criminal
Humphrey v. State, No. 48S02-1609-PC-480, __ N.E.3d __ (Ind. Ct. App., May 5, 2017).
Post-conviction relief due to ineffective assistance of counsel was granted fifteen years after murder conviction affirmed on appeal and not barred by the doctrine of laches.
Ison v. State, No. 24A04-1607-PC-1618, __ N.E.3d __ (Ind. Ct. App., May 8, 2017).
Ind. Code § 35-50-2-9 does not contain a technical error as previously cited in a footnote to a prior opinion.
Bass v. State, No. 03A01-1606-CR-1493, __ N.E.3d __ (Ind. Ct. App., April 27, 2017).
Trial court did not remedy defendant’s double jeopardy concern when it entered a judgment of conviction for the offense and its lesser-included offense (Class A misdemeanor OWI and Class C misdemeanor
OwI) and then merged the offenses purposes of sentencing.
Johnson v. State, No. 32A05-1604-CR-703, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
Under legislation amended in 2015, if the offender was released more than ten years before the current offense the conviction does not count for habitual offender purposes.