Prosecutor’s having signed a contract to write a book about the prosecution, along with indications he still intended to write the book after the second retrial was completed, was an “actual conflict of interest” warranting his replacement with a special prosecutor.
Criminal
Brent v. State, No. 34A04-1105-CR-268, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Marijuana found on street on passenger’s side of auto, where it may have been thrown from passenger’s window, coupled with driver’s suspicious behavior, was not sufficient to establish the passenger possessed the marijuana.
Carraway v. State, No. 47A01-1104-CR-162, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Trial court’s failure to take guilty plea into account as a mitigating factor required remand for resentencing.
Nowling v. State, No. 31A01-1010-CR-552, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Probationer home search was invalid as unsupported by reasonable suspicion a probation violation occurred.
Gearlds v. State, No. 90A02-1105-CR-433, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Error in statute defining A misdemeanor driving while suspended with a prior within ten years does not prevent its enforcement.