Removal of juror on basis he was refusing to deliberate was reversible error.
Criminal
Berry v. State, No. 49S04-1406-CR-416, __ N.E.3d __ (Ind., June 27, 2014).
“[W]hen a trial court accepts a plea agreement with an executed time cap, its discretion to impose further punitive conditions of probation does not extend beyond what the plea agreement specifies.”
Tin Thang v. State, No. 49S04-1402-CR-72, __ N.E.3d __ (Ind., June 27, 2014).
Distinguishing caselaw holding that, for the OWI offense, endangerment cannot be inferred from intoxication alone, affirms public intoxication conviction on basis defendant’s presence while intoxicated with a car at a gas station supported an inference he operated the vehicle while intoxicated and thus committed the public intoxication element of endangering himself or others.
Gaddie v. State, No. 49S02-1312-CR-789, __ N.E.3d __ (Ind., June 27, 2014).
“To avoid conflict with the Fourth Amendment . . . the statute defining the offense of Resisting Law Enforcement by fleeing after being ordered to stop must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause.”
Riley v. California, Nos. 13–132 and 13–212, __ U.S. __ (June 25, 2014).
“Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple— get a warrant.”