Police officer’s temporary detention of juvenile on sidewalk to investigate whether item juvenile had discarded was a handgun was a reasonable action under the totality of the circumstances and did not violate the Indiana Constitution’s search protection in Article 1, Section 11.
Criminal
Woodcox v. State, No. 15A05-1410-CR-468, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2015).
When judgment of conviction was for an A felony but the entry of judgment was for a B felony, defendant’s motion to correct erroneous sentence was properly denied and a nunc pro tunc entry of judgment for an A felony was ordered on remand.
Myers v. State, No. 76S03-1407-CR-493, __ N.E.3d __ (Ind., Apr. 8, 2015).
Experts unanimously agreed defendant was legally insane, but other evidence in the record supported the jury’s conclusion that he was not; as it was not shown defendant was given Miranda rights, the State could use his post-arrest silence and request for an attorney as evidence of sanity without violating his due process rights.
Schaadt v. State, No. 33A05-1409-CR-428, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2015).
Savings clause for 2014 penal reforms does not violate the Indiana Constitution’s Equal Privileges and Immunities Clause.
Grady v. North Carolina, No. 14-593, __ U.S. __ (Mar. 30, 2015).
Attachment of a GPS monitor to a recidivist sex offender without his consent is a Fourth Amendment search; as the question of the reasonableness of the GPS monitor “search” in this case was not raised, the Court does not address it.