Rejects arguments that traffic stop, based on officer’s belief vehicle was in violation of the Window Tint Statute, was illegal under the Indiana Constitution or violated an implicit prohibition in the Statute itself of “unbridled discretion” for police to pull over vehicles with window tint.
Criminal
Walls v. State, No. 55A05-1211-CR-603, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2013).
Tenants had a sufficient possessory interest in their apartment doors and thresholds and the immediate adjacent areas to request, for criminal trespass purposes, that a person leave those areas and stop banging on their doors.
Spalding v. State, No. 49A04-1210-CR-534, __ N.E.2d __ (Ind. Ct. App., Aug. 9, 2013).
Disagrees with prior Court of Appeals opinion and holds that, (1) when the subject of an Indiana criminal charge is being held in federal custody outside Indiana, (2) no detainer is filed against him on the Indiana charge, and (3) he is then brought into Indiana by federal authority, Criminal Rule 4 does not apply.
Oster v. State, No. 84A05-1208-CR-437, __ N.E.2d __ (Ind. Ct. App., Aug. 9, 2013).
Evidence of defendant’s possession of tools useful for theft but not used to break and enter, of the retail nature of the business premises broken into, and of the fact that the defendant had a residence he could use for shelter sufficed to prove his intent to commit theft in the premises he broke and entered.
Harris v. State, No. 39A05-1205-CR-239, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2013).
Indiana “actual evidence” double jeopardy test applies only to convictions, not to acquittals, mistrials, or combinations of the two. Statute of limitations applied to bar amendment adding a new charge following mistrial.