The unlawful-entry statute, prohibiting a serious sex offender from entering school property, is not an unconstitutional ex post facto law as applied to defendant who had to stop attending his son’s school events.
Criminal
Timbs v. Indiana, No. 17-1091, __US__ (Feb. 20, 2019).
Seizure of man’s Land Rover violated protections against excessive fines under the Eighth Amendment applicable to the States under the Fourteenth Amendment’s Due Process Clause.
State v. Vance, No. 18A-CR-1746, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2019).
A search warrant was issued without probable cause when police did not maintain strict control in a buyer-dealer-source transaction and police surveillance was interrupted.
Kelp v. State, No. 18A-CR-1719, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.
Easler v. State, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 8, 2019
The trial court properly denied defendant’s request to question a juror after the member divulged information relevant for voir dire. Defendant was convicted by a fair and impartial jury; juror disclosed relevant information voluntarily at her earliest opportunity and then assured the parties that she could still be a juror.