Special prosecutor was not required when defense counsel joined the prosecutor’s office as a deputy, since adequate steps were taken to insure that the former defense counsel had no communications of any sort with other members of the prosecutor’s office about defendant’s case.
Criminal
Campbell v. State, No. 13S05-1410-PC-682, __ N.E.3d __ (Ind., Oct. 30, 2014).
Indiana Pattern Jury Instructions – Criminal No. 9.05’s second sentence in its “intentionally” definition (“[i]f a person is charged with intentionally causing a result by his conduct, it must have been his conscious objective not only to engage in the conduct but also to cause the result”) “represents a correct statement of the law.”
Carpenter v. State, No. 02S05-1404-CR-246, __ N.E.3d __ (Ind., Oct. 21, 2014).
Police’s warrantless home entry through open back door to retrieve an aggressive and bloody dog violated the Indiana Constitution, Article I, § 11 protection against unreasonable search.
Gallien v. State, No. 22A01-1402-PC-50, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2014).
Two burglaries committed one after the other, four miles apart, were a single episode of criminal conduct subject to the cap on consecutive sentencing, and appellate counsel’s assistance was ineffective for failure to raise the issue as a sentencing error.
Harris v. State, No. 02A03-1402-CR-73, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2014).
Exigent circumstances justified officers’ warrantless seizure of a handgun they saw defendant place inside an apartment front door as they approached, so that the seizure did not violate the Fourth Amendment or Indiana Constitution, Article I, § 11.