A trial court lacks authority to sua sponte dismiss a properly filed firearm enhancement.
Criminal
Atkins v. State, No. 19A-CR-951, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).
Implied adverse consequences and orders to sit down uttered by law enforcement to a suspect, coupled with other factors, may constitute “custody” for purposes of triggering Pirtle and/or Miranda advisements.
Dearman v. State, No. 19A-CR-2951, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).
Possession of hash oil is insufficient to sustain a conviction for possession of a controlled substance.
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.