Statutes mandating credit for time served for probation and community corrections do not apply to a person in a conviction-deferral drug court program, so that it was within the program judge’s discretion to refuse to award credit for time served when the court terminated the defendant’s placement in the program.
Criminal
Aslinger v. State, No. 35A02-1303-CR-296, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.
Gaines v. State, No. 49A04-1303-CR-123, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Return of service for an ex parte protective order was not “testimonial” so that its admission as evidence did not violate the defendant’s Sixth Amendment Confrontation Clause right.
Jadrich v. State, No. 32A04-1302-CR-67, __ N.E.2d __ (Ind. Ct. App., Dec. 23, 2013).
Officer’s entry into back yard through closed fence gate, when signs said to “use front door only,” violated the Fourth Amendment; the fact that the officer was attempting to serve a protective order did not avoid the violation.