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Case Clips

Published by the Indiana Office of Court Services

Criminal

State v. Zerbe, No. 49S05-1509-MI-529, ___ N.E.3d ___ (Ind., Feb. 25, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: M. Massa, Supreme

Michigan sex offender was not distinguishable from offender in Tyson v. State, even though Michigan enacted its registration requirement two years after defendant’s offense. Relevant question was not whether Michigan registration requirement was ex post facto law, but only that the requirement existed at the time offender moved to Indiana.

Wilford v. State, No. 49S02-1602-CR-110, ___ N.E.3d ___ (Ind., Feb. 26, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: L. Rush, Supreme

Officer’s conclusory testimony failed to establish how his decision to impound a car conformed to an established departmental impound policy; impoundment and subsequent inventory search were therefore invalid.

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.

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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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