By fleeing from his automobile at the approach of the police the driver abandoned the vehicle for purposes of the Fourth Amendment, so that he could not object to a search of the vehicle.
Criminal
Ludack v. State, No. 49A02-1109-CR-930, __N.E.2d __ (Ind. Ct. App., Apr. 25, 2012).
Defendant’s question to detective on cross as to whether defendant admitted any of the allegations against him during detective’s interview opened the door to State questions eliciting from detective that defendant had neither admitted nor denied any allegations.
Westmoreland v. State, No. 49A04-1107-CR-356, __ N.E.2d __ (Ind. Ct. App., April 17, 2012).
Applies U.S. Supreme Court ruling that police may not pat down a vehicle passenger during a routine traffic stop unless they reasonably believe he is armed and dangerous.
Minnick v. State, No. 47A05-1108-CR-448,___ N.E.2d ___ (Ind. Ct. App., April 3, 2012).
Under the circumstances of the case, the 25 year delay in sentencing did not violate defendant’s right to speedy sentencing.
Ceaser v. State, No. 49A02-1106-CR-580, __ N.E.2d __ (Ind. Ct. App., Mar. 26, 2012).
When a parent is asserting parental privilege, evidence of a prior conviction for battering the child at issue in a manner similar to the circumstance at issue is admissible as that evidence goes directly to the reasonableness of the force used and the reasonableness of that parent’s belief regarding the force used.