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.
Criminal
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.”
Wall v. State, No. 85A02-1311-MI-976, __ N.E.2d __ (Ind. Ct. App., June 25, 2014).
Because petitioner’s probation had been revoked, his expungement petition was properly denied on the basis that he had not “successfully completed” his sentence.
Knapp v. State, No. 28S00-1305-LW-327,__ N.E.3d __ (Ind., June 12, 2014).
Rejected defendant’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence was not supported by evidence or was inappropriate in light of his character and the nature of his offense.