For the State to seize cash and seek its forfeiture—or turnover—it must show a nexus between the cash and some sort of criminal activity
Criminal
Wilburn v. State, 20A-CR-1709, __ N.E.3d __ (Ind. Ct. App., Sep. 20, 2021).
A conviction for burglary cannot be sustained if an alleged perpetrator enters a business open to the public during business hours, with intent to commit a felony or theft in it, due to a lack of evidence as to breaking.
I.G. v. State, No. 21A-JV-479, __ N.E.3d __ (Ind. Ct. App., Sept. 10, 2021).
The odor of marijuana, by itself, is not enough to establish probable cause to arrest the occupants of a vehicle.
Bunnell v. State, 21S-CR-139, __ N.E.3d __ (Ind., Sep. 2, 2021).
An officer who affirms that they detect the odor of raw marijuana based on their training and experience may establish probable cause without providing further details on their qualifications to recognize said odor.
State v. Barnett, No. 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2021).
The trial court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 7, 2017, order reaffirming same, thus preventing the State from relitigating the alleged victim’s age; and the trial court did not err in dismissing multiple counts against the defendants because the charges were filed outside of the five-year statute of limitations period.