Detectives’ entry of blocked driveway violated the Indiana Constitution, Article 1, Section 11 protection against unreasonable searches.
Criminal
Holmes-Bey v. State, No. 33A05-1406-MI-290, __ N.E.2d __ (Ind. Ct. App., Nov. 20, 2014).
Because inmate’s petition sought review of a prison disciplinary sanction, rather than alleging a violation of his constitutional rights, the trial court had no authority to hear the petition and its dismissal was required.
Esmond v. State, No. 56A05-1404-CR-163, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2014).
Defendant found incompetent to stand trial was not entitled to have counsel present during an insanity defense psychiatric examination by the State’s mental health expert.
Swallow v. State, No. 89A01-1401-CR-24, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
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.
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.”