The legislature intended a sentence of life imprisonment without possibility of parole to fit within the definition of a “term of imprisonment” and when imposing such a sentence the trial court must make certain specific findings.
Criminal
State v. Cassady, No. 17A03-1512-CR-2090, __N.E.3d__ (Ind. Ct. App., June 30, 2016).
Law enforcement officer’s actions were conducted in a manner that did not prolong the stop beyond the time reasonably required to complete the mission of issuing a ticket, and support the denial of a motion to suppress.
Hurley v. State, No. 49A05-1601-CR-108, __ N.E.3d __ (Ind. Ct. App., June 30, 2016).
Defendant’s inability to give a sufficient sample on a chemical breath test after being suspected of driving under the influence was a refusal to take the test.
Utah v. Strieff, No.14-1373, __US__ (June 20, 2016).
Evidence seized by police officer as part of his search incident to arrest is admissible because his discovery of the arrest warrant attenuated the connection between the unlawful stop and the evidence seized incident to arrest.
Pattison v. State, No. 27S05-1603-CR-115 , __ N.E.3d __ (Ind., June 22, 2016).
When jury instruction did not shift the State’s burden of proof, there is no error so fundamental as to preclude a fair trial.