Homeowner prevailed with his “Castle Doctrine” statutory defense to a charge of battery on a law enforcement officer when the officer had unlawfully entered the home by putting his foot in the threshold of the front door.
Criminal
D.Y. v. State, No. 49A02-1405-JV-298, __ N.E.3d __ (Ind. Ct. App., Mar. 11, 2015).
When officer told juvenile he would be transported to the police station, the juvenile was “seized” for purposes of the Fourth Amendment, and as the office had no probable cause to believe the juvenile had committed a crime the firearm the officer found in patting the juvenile down was inadmissible.
Stone v. State, No. 34A02-1410-CR-753, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2015).
After the trial court had accepted the plea agreement and entered judgment of conviction, defendant’s failure to appear for a presentence investigation did not permit the court to rescind the agreement and vacate the convictions.
State v. Arnold, No. 22A05-1408-CR-387, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
Motion to set aside habitual offender enhancement should have been treated as a postconviction relief petition; trial court erred by vacating only the habitual enhancement, when the habitual enhancement was an integral part of the plea agreement’s disposition of charged offenses.
Shelton v. State, No. 71A03-1408-Cr-309, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
Search of an offender on community corrections monitored home detention is subject to the reasonable suspicion standard required for probationer searches; in this case, the circumstances conferred the required reasonable suspicion for a warrantless dog sniff search of the offender’s home and garage.