When the police had illegally detained the suspect and discovery of the cocaine on his person became inevitable due to the illegal stop, suppression of the cocaine was required even though its actual discovery occurred when the suspect fled and was reapprehended.
Criminal
Hale v. State, No. 25A04-1301-CR-15, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.
Ryan v. State, No. 49A02-1211-CR-932, __ N.E.2 __ (Ind. Ct. App., July 31, 2013).
Prosecutor’s improper comments amounted to fundamental error.
Dexter v. State, No. 79A04-1212-CR-611, __ N.E.2d __ (Ind. Ct. App., July 22, 2013).
Certified transcript of guilty plea and sentencing hearing sufficed as proof of a prior unrelated conviction for habitual offender status.
Sugg v. State, No. 31A05-1208-CR-397, __ N.E.2d __ (Ind. Ct. App., July 24, 2013).
Applies, as a matter of first impression in Indiana, U.S. Supreme Court’s McArthur decision that “a police officer’s refusal to allow a defendant to enter his or her residence without a police officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.”