Terry pat-down search could not be conducted under the facts of the case.
Criminal
Montgomery v. State, No. 82A05-1401-CR-34, __ n.E.3d __ (Ind. Ct. App., July 23, 2014).
As statute requires a sex offender who moves to report to both the county he is leaving and the county he is moving to, defendant’s convictions for failing to register as a sex or violent offender in both counties were not barred either by statute or double jeopardy principles.
Willis v. State, No. 49A02-1310-CR-854, __ N.E.3d __ (Ind. Ct. App., July 11, 2014).
Affirms criminal trespass conviction based on evidence defendant was seen running near the scene of the alleged crime not long after a security alarm was activated and voices and noises were heard inside the premises.
Wright v. State, No. 45A05-1310-CR-526, __ N.E.2d __ (Ind. Ct. App., July 11, 2014).
Removal of juror on basis he was refusing to deliberate was reversible error.
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.”