Possession of hash oil is insufficient to sustain a conviction for possession of a controlled substance.
Criminal
Pava v. State, No. 19A-CR-716, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).
The objective reasonableness standard provides sufficient notice of what conduct crosses the line from mere discipline of a child to battery.
Bell v. State, No. 19A-CR-2354, __ N.E.3d __ (Ind. Ct. App., Mar. 30, 2020).
While possession of a firearm, without more, cannot provide reasonable suspicion for an investigatory stop, evasive and aggressive behavior during a consensual encounter regarding an inquiry into possession of a firearm may provide reasonable suspicion to perform an investigatory stop and frisk.
Tigner v. State, No. 19A-CR-1478, __ N.E.3d __ (Ind. Ct. App., Mar. 18, 2020).
Presence alone, without more, in a house where drugs are found, does not provide sufficient probable cause to arrest a person for visiting a common nuisance.
Tyrie v. State., No. 19A-CR-692, __ N.E.3d __ (Ind. Ct. App., Mar. 12, 2020).
Re-fling of charges based on a crime involving the same victim, and when the defendant has yet to go to trial, does not prejudice the substantial rights of a defendant.