Trespass conviction was reversed for insufficient evidence that the defendant was still on a bar’s property at the time he was told to leave.
Criminal
Berg v. State, No. 32A01-1504-CR-127, ___ N.E.3d ___ (Ind. Ct. App. Oct. 30, 2015).
Convictions for D-felony OWI (elevated from A-misdemeanor OWI with endangerment because of a prior OWI conviction) and B-misdemeanor reckless driving did not violate Richardson actual-evidence double jeopardy. “Evidentiary footprint” of the offenses was not identical because OWI, unlike reckless driving, required proof of intoxication. Nor did both convictions rely on “the very same behavior” because offense would have been elevated to a felony because of the prior conviction, regardless of whether it involved endangerment.
Criswell v. State, No. 02A03-1501-CR-22, ___ N.E.3d ___ (Ind. Ct. App., Oct. 13, 2015).
Police officer’s statement in internal-affairs investigation was inadmissible because it was given under “Garrity notice” that it “cannot be used against you in any subsequent criminal proceedings” except perjury or obstruction of justice. Statement, and its evidentiary fruits, should therefore be suppressed.
Allen v. State, No. 49A05-1410-CR-501, ___ N.E.3d ___ (Ind., Oct. 14, 2015).
Even though defendant had notified the trial court of his incarceration on other charges at a pre-trial conference, he was not entitled to discharge under Criminal Rule 4(C). All but 363 days of delay resulted from defendant’s failure to appear for trial when defense counsel failed to obtain a transport order to secure defendant’s attendance at trial as instructed, and was chargeable to defendant. Nor did the delay violate defendant’s constitutional speedy-trial rights.
Herron v. State, No. 49A04-1504-CR-149, ___ N.E.3d ___(Ind. Ct. App., Oct. 14, 2015).
Warrant for drawing intoxicated driver’s blood was invalid for lack of probable cause, where officer’s probable-cause affidavit marked an “X” next to certain boilerplate language, but wrote nothing in the corresponding blanks to provide specific facts to make an individualized showing as to defendant.