When defendant was convicted of reckless homicide entailing use of a shotgun resulting in the death, imposition of the five year statutory sentence enhancement for use of a firearm did not violate double jeopardy protections.
Criminal
State v. Laker, No. 24A04-0912-CR-736, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2010)
Operating a farm tractor while intoxicated is an operating while intoxicated offense, but operating a farm tractor while driving privileges are suspended is not an offense.
Jewell v. State, No. 32A04-1003-CR-187, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2010)
Defendant’s federal and state constitutional rights to counsel were not violated when police had minor, for whom defendant was charged with assisting to get a tattoo, call the defendant and elicit statements police recorded about defendant’s prior criminal sexual conduct with the minor.
Saffold v. State, No. 49A05-1003-CR-180, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
Under both the 4th Amendment and the Indiana Constitution, officer safety permitted a second pat-down search of motorist stopped for traffic infraction after officer reasonably suspected motorist might be armed, had him exit the vehicle, and found ammunition on his person in the initial pat-down and more ammunition in the vehicle.
Dawson v. State, No. 49A02-1001-CR-155, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
Post-Conviction Rule 2 applies only to belated appeals of convictions or sentences and accordingly does not allow a belated appeal of a probation revocation.