In determining murder bail, “a defendant is allowed to present evidence of an affirmative defense to rebut the State’s strong presumption that the defendant more likely than not committed the murder (or treason) accused of”; here, trial court making murder bail determination erred in rejecting defendant’s evidence of self-defense.
Criminal
Rodriguez v. United States, No. 13-9972, __ U.S. __ (April 21, 2015).
Fourth Amendment does not allow police to extend duration of a traffic stop, even for a “de minimis” time period, for reasons unrelated the matter for which the stop was made.
Moore v. State, No. 49A05-1408-CR-398, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
Savings statute for the revised penal code did not prohibit application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.
M.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
J.B. v. State, No. 49A02-1409-JV-688, __ N.E.3d __ (Ind. Ct. App., April 23, 2005).
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.