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.
Criminal
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.
Hoskins v. State, No. 19A-CR-2387, __ N.E.3d __ (Ind. Ct. App., Mar. 6, 2020).
A claim that a defendant did not knowingly or intelligently waive his right to counsel in a case disposed of by a guilty plea must be raised on post-conviction review and not on direct appeal.
State v. Davis, No. 19A-CR-1650, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2020).
Indiana’s failure to signal statute does not apply to roundabouts.