When probable cause for a search warrant is premised solely on law enforcement’s detection of the odor of raw marijuana, the assertion must be based on more than personal belief: the affiant–officer must provide some information about the detecting officers’ relevant “training” or “experience” that led to the ultimate conclusion.
Campbell v. State, 19A-CR-2414, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2020).
To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
Holcomb v. City of Bloomington, No. 19S-PL-304, __ N.E.3d __ (Ind., Dec. 15, 2020).
City can challenge a statute in a declaratory judgment action against the Governor because the legislation challenged vested enforcement authority in the Governor.
In re Paternity of B.Y., No. 20S-JP-554, __ N.E.3d __ (Ind., Dec. 18, 2020).
The trial court abused its discretion when it found mother in contempt of court and ordered that father have sole legal and physical custody of their infant child; court should not have conflated mother’s contempt of court with the best interest of the child.
Choi v. Kim, No. 20S-PL-706, __ N.E.3d __ (Ind., Dec. 18, 2020).
Remands for a new trial when trial court erred in communicating with the jury after deliberations began.