Trial court may not issue a blanket order denying the return of videos containing sexually explicit material.
Criminal
Marshall v. State, No. 18S-CR-00464, __ N.E.3d __ (Ind., Feb. 27, 2019).
A police officer does not have to document a driver’s exact speed in order to establish reasonable suspicion for an excessive speed traffic stop.
Wadle v. State, No. 18A-CR-1465, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Convictions for leaving the scene of an accident, OWI causing serious bodily injury, OWI endangering a person, and operating a vehicle with an ACE of 0.08 or more, constitute double jeopardy under both the actual evidence test and common-law prohibitions.
State v. Kirby, No. 18A-PL-2334, __ N.E.3d __ (Ind. Ct. App., March 4, 2019).
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.
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.