Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.
Criminal
Lacy v. State, No. 18A04-1510-CR-1757, __N.E.3d__ (Ind. Ct. App., August 16, 2016).
The “lawful purpose” exception in the identity deception statute at Ind. Code § 35-43-5-3.5 is an affirmative defense and not a material element of the crime.
State v. Morgan, No. 89A04-1603-CR-622, __N.E.3d__ (Ind. Ct. App., Aug. 16, 2016).
The Indiana Legend Drug Act, Ind. Code § 16-42-19-20, is not unconstitutionally vague and it was possible for defendant nurse, as a non-physician, to know whether her actions were outside the usual course of professional medical practice.
Weathers v. State, No. 49A04-1601-CR-3, __N.E.3d__ (Ind. Ct. App., Aug. 17, 2016).
It is reasonable to require a law enforcement officer to follow established policies of completing a written inventory while conducting a warrantless search of a vehicle, but failure to do so will not result in suppression of items found in that search.
Beedy v. State, No. 48A02-1510-CR-1703, __N.E.3d__ (Ind. Ct. App., August 22, 2016).
Defendant is entitled to raise a “Romeo and Juliet” defense under Ind. Code § 35-42-4-9(e) if he has not committed a prior sex offense against a person other than the victim.