A refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test.
Criminal
Pinner v. State, No. 49A02-1511-CR-2036, __N.E.3d__ (Ind. Ct. App., Aug. 24, 2016).
Mere possession of a firearm, which is legal, cannot produce reasonable suspicion to justify a Terry stop.
Compton v. State, No. 82A01-1511-CR-1997, __N.E.3d__ (Ind. Ct. App., Aug. 24, 2016).
Defendant was not deprived due process when the media was allowed to tweet live updates of his criminal trial from the courtroom.
Day v. State, No. 24C02-1501-CM-70, __ N.E.3d __ (Ind., Aug. 29, 2016).
Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.
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.