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Case Clips

Published by the Indiana Office of Court Services

Criminal

Hinton v. State, No. 49A04-1508-CR-1167, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: Appeals, M. May

Evidence that defendant had arrow “nocked” in his bow was sufficient to establish “endangers a person” element of B-misdemeanor public intoxication.

Cox v. State, No. 29A02-1508-PC-1221, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: Appeals, R. Pyle

Post-conviction court was required, upon indigent prisoner’s proper request, to forward petition to the State Public Defender’s Office for review. Failure to do so required reversal.

Gerth v. State, No. 29A02-1506-CR-693, ___ N.E.3d ___ (Ind. Ct. App., Feb. 18, 2016).

February 22, 2016 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Search warrant was not based on probable cause, when supported only by two uncorroborated tips from informants with insufficiently established credibility and good-faith exception did not apply in view of officer’s “reckless material omission of fact” relevant to credibility of one of the tips.

Holloway v. State, No. 71A04-1508-CR-1292, ___ N.E.3d ___, (Ind. Ct. App. Feb. 18, 2016).

February 22, 2016 Filed Under: Criminal Tagged With: Appeals, M. Bailey, T. Crone

Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.

Ward v. State, No. 49S02-1602-CR-96, ___ N.E.3d ___ (Ind., Feb. 19, 2016).

February 22, 2016 Filed Under: Criminal Tagged With: L. Rush, R. Rucker, Supreme

Domestic battery victim’s statements to forensic nurse identifying her attacker were not barred as testimonial hearsay because they were given for “primary purpose” of medical treatment, which includes “safety plan” for discharge.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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