Driver’s license suspension with no controlling words such as “until” or “to” expires on 12:00 a.m. on the listed date and is no longer in effect from the beginning of that day; not 11:59 p.m.
State v. Vande Brake, No. 20S-CR-499, __ N.E.3d __ (Ind., Aug. 4, 2020).
The State has discretion to seek a firearm enhancement—which, necessarily, also means the State can withdraw or waive that enhancement.
Battering v. State, No. 20S-CR-31, __ N.E.3d __ (Ind., Aug. 5, 2020).
When seeking an interlocutory appeal, the State must formally move for a stay of the proceedings to properly toll the time limit set forth Criminal Rule 4(C).
Salhab v. State, No. 19A-CR-3059, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2020).
A probation condition that requires a defendant to refrain from visiting “businesses that sell sexual devices or aids” is unconstitutionally vague.
State v. Ellis, No. 20A-CR-61, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2020).
Community corrections participants “who have consented or been clearly informed that the conditions of their…community corrections program unambiguously authorize warrantless and suspicionless searches may thereafter be subject to such searches during the period of their . . . community corrections status.”