Mistrial was required when bailiff, at court’s direction, restrained defendant and placed a hand over defendant’s mouth as jurors were leaving the courtroom after defendant, about to testify in his own behalf, launched into a criticism of defense counsel which continued despite court’s orders to stop.
Criminal
Lucas v. McDonald, No. 63A04-1010-PL-644, __ N.E.2d __ (Ind. Ct. App., Sept. 15, 2011).
Sex offender registration relief statute confers discretion on court to deny relief even though the court finds the petitioner has made the showings required by the remedy statute to qualify for relief or, in the absence of findings, even though the evidence in the record would support a decision the petitioner made the required showings.
Coleman v. State, No. 49A02-1101-CR-12, __ N.E.2d __ (Ind. Ct. App., Aug. 26, 2011).
For purpose of the consecutive sentencing statute, a conspiracy to commit a “crime of violence” is not itself a “crime of violence.”
Henderson v. State, No. 20A03-1102-PC-108, __N.E.2d__ (Ind. Ct. App., Aug. 29, 2011).
U.S. Supreme Court’s Gant, which did away with “brightline” rule allowing searches of passenger compartments at the time the driver was arrested even if driver was no longer within reaching distance of the vehicle, does not apply to a pre-Gant “brightline” search legal when made under the Court’s former New York v. Belton precedent.
Alter v. State, No. 85A04-1101-CR-44, __ N.E.2d __ (Ind. Ct. App., Aug. 31, 2011).
After conservation officer had been shown subject’s fishing license, further detention for questions based on officer’s hunch subject might have put marijuana in his duffle was unsupported by reasonable suspicion and required suppression of marijuana subject produced on officer’s command to “give me your marijuana.”