During a criminal trial, the prosecution can request a jury instruction on a lesser-included offense so long as the charging documents provide adequate notice and the record at trial reveals a serious evidentiary dispute.
Criminal
Olympic Financial Group, Inc., v. State, 21A-CR-1017, __ N.E.3d __ (Ind. Ct. App., Sep. 17, 2021).
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
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.