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.
Criminal
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.
Weaver v. State, No. 32S04-1608-CR-415, __ N.E.3d __ (Ind., Aug. 4, 2016).
Driver who was unable to produce his driver’s license, avoided answering request for his address, evaded questions about his name, and repeatedly refused to provide his date of birth, was guilty of violating refusal-to-identify statute at Ind. Code § 34-28-5-3.5.