Anonymous tip of individual in silver or gray car waving a gun in apartment parking lot provided reasonable suspicion for investigatory stop of defendant, who was in the only occupied silver car in the parking lot; officer’s observations then gave probable cause for search.
Criminal
Marshall v. State, No. 20A03-1507-MI-973, ___ N.E.3d ___ (Ind. Ct. App., March 9, 2016).
Expungement was properly denied when, despite having no new convictions, petitioner had admitted in a pretrial diversion program to committing a new crime.
Lowden v. State, No. 49A02-1503-CR-170, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
For purposes of aggravated battery, “substantial risk of death or … protracted loss or impairment of the function of a bodily member or organ” is not a material element of the offense, but rather a result to which mens rea is inapplicable.
Williams v. State, No. 29A02-1506-CR-528, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
Defendant entered an “open plea,” despite plea agreement’s mistaken recitation that it was not, because trial court retained discretion over placement of the sentence. Defendant therefore did not waive right to appeal sentence.
Blaize v. State, No. 26S00-1410-LW-771, ___ N.E.3d ___ (Ind., March 1, 2016).
Trial judge’s comments to jury, though perhaps ill-advised, did not vouch for the credibility of the State’s cell-phone tower evidence and undermine Defendant’s alibi defense.