Absence of evidence of a medical use for the syringes and possession of the syringes in a non-medical setting, and that the defendant possessed marijuana, used a false name and identification card, was not sufficient evidence to convict a person for unlawful possession of a hypodermic syringe.
Criminal
Nickels v. State, No. 09A02-1703-CR-534, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).
Trial court must allow defendant the opportunity to make a closing argument before announcing a preliminary finding of guilt.
Walton v. State, No. 79A04-1604-CR-768, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2017).
A serious violent felon who possesses more than one firearm has committed more than one offense.
McGrath v. State, No. 49A04-1610-CR-2270, __ N.E.3d __ (Ind. Ct. App., July 31, 2017).
Probable cause to obtain a search warrant to use thermal imaging technology must be based on evidence that corroborates a tip that criminal activity has occurred or is occurring at a place, and not solely on the training and experience of law enforcement officers.
McGuire v. State, No. 09S02-1707-CR-491, __ N.E.3d __ (Ind., July 21, 2017).
Trial court must resentence defendant who was sentenced to forty years imprisonment after entering a guilty plea to one count of felony child molesting when the correct statutory sentencing range was twenty to fifty years, not thirty to fifty years.