Owner’s voluntary surrender of neglected animals precluded use of statute requiring payment to a shelter for care of impounded animals, but payment for animals’ care was properly ordered under the general restitution statute.
Criminal
Wesheit v. State, No. 10S00-1307-DP-492, __ N.E.3d __ (Ind., Feb. 18, 2015).
Defendant failed to show that denial of his challenges for cause to prospective jurors and his consequent exhaustion of his peremptories had the result of forcing him to accept objectionable jurors. Trial court properly determined that juror’s wife’s note given to jurors with cookies she baked did not require a mistrial. Opinion also rejects contention that capital jury’s failure to list mitigating circumstances indicated the jury failed to consider the mitigation evidence.
Keller v. State, No. 88A04-1404-CR-168, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2015).
The evidence did not support the conclusion that a long-abandoned farmhouse undergoing renovation was a “dwelling” for purposes of burglary; opinion does not address instructions tendered and given on “dwelling.”
Brummett v. State, No. 49S02-1502-CR-69, __ N.E.3d __ (Ind., Feb. 11, 2015).
Transfer granted to confirm that recent decision did not alter the doctrine of fundamental error.
Garcia v. State, No. 49A05-1402-CR-61, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).
Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.