Affirms “this basic premise” – “[w]here a trial court’s reason for imposing a sentence greater than the advisory sentence includes material elements of the offense, absent something unique about the circumstances that would justify deviating from the advisory sentence, that reason is ‘improper as a matter of law.’”
Criminal
Guilmette v. State, No. 71S04-1310-CR-705, __ N.E.3d __ (Ind., Aug. 13, 2014).
Police do not need a separate warrant to test lawfully seized evidence which is unrelated to the crime for which the defendant is in custody.
Lucas v. State, No. 03A01-1309-CR-389, __ N.E.3d __ (Ind. Ct. App., Aug. 14, 2014).
Officer’s taking expired license suspect into patrol car to “review the information and decide what we were going to do,” when review could have been conducted by the side of the suspect’s auto, impermissibly expanded scope of an investigatory stop without justification.
State v. Downey, No. 10A01-1310-CR-432, __ N.E.3d __ (Ind. Ct. App., July 31, 2014).
Order for return of defendant’s money seized by police was abuse of discretion as the matter was moot because the money had already been transferred, by order of a different court without a hearing, to the federal government.
Collins v. State, No. 49A02-1310-PC-887 , __ N.E.3d __ (Ind. Ct. App., Jul. 25, 2014).
Denial of post-conviction relief petitioner’s request for subpoena for an out-of-state witness was not an abuse of discretion, when petitioner did not identify any state or federal law permitting the subpoena.