Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.
Criminal
Pollard v. State, No. 36A01-1603-CR-659, __ N.E.3d __ (Ind. Ct. App., May 23, 2017).
An inmate who obtains a bachelor’s degree may not “bank” the earned credit time to be used toward a future incarceration due to a parole violation.
Pinner v. State, No. 49S02-1611-CR-610, __ N.E.3d __ (Ind., May 9, 2017).
Police need more than a tip that someone is carrying a handgun to conduct a lawful search and seizure; there must be evidence from which an inference of criminal activity can be drawn.
Phipps v. State, No. 28A05-1609-CR-2097, __ N.E.3d __ (Ind. Ct. App., May 10, 2017).
To convict a person of violating a protective order, State must prove that communication with a third party was intended to be communicated to the protected party.
Perry v. State, No. 02A04-1608-CR-1890, __ N.E.3d __ (Ind. Ct. App., May 11, 2017).
In order to convict a defendant for domestic violence when the victim recants, there must be substantive evidence based on more than the witnesses lack of credibility.