When defendant made a left turn onto a four-lane road, traffic statute did not require that the turn be into the lane closes to the center line, and officer’s mistake-of-law belief that defendant committed an infraction did not save the ensuing search under the “good faith” doctrine.
Criminal
Buchanan v. State, No. 82A01-1103-CR-139, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Credit time for defendant’s pre-trial incarceration was properly counted as “credit restricted” despite fact defendant had not yet been determined to be a “credit restricted” felon until his conviction.
Broude v. State, No. 75A03-1101-CR-37, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
When trial began and child molestation victim could not testify in court, two week continuance to provide for closed-circuit television testimony was not erroneous.
Hill v. State, No. 48A02-1103-CR-179, __ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Officer’s general concern about suspects having weapons and his dislike of suspects placing hands in their pockets did not support stop and frisk.
Allen v. State, No. 15A04-1101-CR-16, __ N.E.2d __ (Ind. Ct. App., Oct. 25, 2011).
Visiting a common nuisance and dealing in heroin should have been charged together, and accordingly the heroin dealing charge was barred by the Successive Prosecution Statute.