If a person has a fair and reasonable foundation for believing that he or she has a right to be present on the property, there is no criminal trespass. If a person is not given a reasonable period of time to comply with a request to leave the premises, then there is no criminal trespass.
Criminal
Henriquez v. State, No. 20A04-1510-CR-1841, __N.E.3d__ (Ind. Ct. App., Aug. 9, 2016).
Ind. Code § 35-38-1-1(b) requires trial courts to advise a defendant of the earliest and latest possible release dates, but trial courts are not equipped to make this specific determination. Defendant was not harmed by the trial court’s failure to estimate the dates.
State v. Smith, No. 45A05-1507-CR-945, ___N.E.3d___ (Ind. Ct. App., Aug. 2, 2016).
Trial court had authority to convert felony conviction to a misdemeanor; the terms of the plea agreement do not preclude the conversion because the parties could not have contemplated a misdemeanor conversion when it was entered.
Zanders v. State, No. 15A01-1509-CR-1519, ___N.E.3d___ (Ind. Ct. App., Aug. 4, 2016).
Law enforcement officers must obtain a warrant before searching a cell phone incident to arrest and gathering location data on its GPS device.
Chastain v. State, No. 20A03-1510-CR-1839, ___N.E.3d___ (Ind. Ct. App., Aug. 4, 2016).
There is no requirement in the intimidation statute that a prior lawful act has to be completed for any considerable length of time before a threat is made; as a matter of public policy, people should be able to attempt to defuse situations without being threatened with the use of deadly force.