Defendant could not have been acting in defense of his property or others as he was not in a place he was allowed to be, so the jury instruction on property defense was properly denied.
Criminal
Connor v. State, No. 18A-CR-442, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2018).
The results of the breath test were inadmissible since it was administered using a procedure that had not been approved by the Department of Toxicology.
Jarman v. State, No. 18A-CR-1034, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2018).
The suspicionless search of the community corrections participant was unconstitutional because his waiver did not specifically authorize it.
Hodges v. State, No. 18A-MI-78, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2018).
Seizure of money found in parcel was illegal because there was no evidence of unlawful activity and no charges were made in connection with the parcel.
Flores v. State, No. 18A-CR-1632, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2018).
There can only be conviction for one count of child molesting where the actions were closely connected in time, place, and continuity of action.