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.
Criminal
Bell v. State, No. 49A02-1312-CR-1026, __ N.E.3d __ (Ind. Ct. App., Jul. 28, 2014).
Odor on a person of raw marijuana, like the smell of burnt marijuana, suffices to provide probable cause that the person possesses marijuana.
Perryman v. State, No. 20A03-1308-PC-299, __ N.E.3d __ (Ind. Ct. App., Jul. 30, 2014).
Evidence of controlled buy of cocaine from defendant, which was relied on to obtain the search warrant which produced the cocaine and marijuana on which charges were based, was “intrinsic” to the charged crimes and accordingly not barred by Evidence Rule 404(b).
Erkins v. State, No. 58S01-1309-CR-586, __ N.E.3d __ (Ind., July 22, 2014).
When charge was conspiracy to commit robbery resulting in serious bodily injury, the State was not required to prove there was actual serious bodily injury; amendment changing the allegation of the particular conspirator who committed the overt act required for conspiracy was of form only and was properly allowed in this case.
Perry v. State, No. 39A01-1312-CR-517, __ N.E.3d __ (Ind. Ct. App., July 22, 2014.)
Credit time for being in a drug court program with electronic monitoring is not required, but can be awarded in the court’s discretion.