The record reflects that the statutory aggravators were supported by sufficient evidence and the jury was properly instructed; defendant was properly sentenced to life without parole.
Criminal
Trejo v. State, No. 22A-CR-1817, __N.E.3d __ (Ind. Ct. App., June 2, 2023).
Lack of volition is not a defense to an alleged probation violation.
Norton v. State, No. 22A-CR-2314, __ N.E.3d __ (Ind. Ct. App., May 23, 2023).
There is no provision of the appellate rules which permits trial courts to expand the time limit in which to seek appeal as prescribed by Appellate Rule 9
Moore v. State, No. 22A-CR-1979, __ N.E.3d __ (Ind. Ct. App., May 26, 2023).
In distinguishing between the odor of marijuana and hemp for purposes of determining whether there was probable cause to search a vehicle, courts apply the “fair probability” test. Although it may equally possible that a strong odor emanating from a vehicle may be hemp just as marijuana, circumstances may create a fair probability—that is, “a substantial chance”—that the vehicle contains contraband.
Wainscott v. State, No. 22A-CR-1817, __N.E.3d __ (Ind. Ct. App., May 16, 2023).
A warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer.