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.”
McGowen v. Montes, No. 19A-CT-1707, __ N.E.3d __ (Ind. Ct. App., Aug. 6, 2020).
Defendant was rendering emergency care, for purposes of the Good Samaritan Law, when he stopped his vehicle and offered to call 911.
State v. Herrmann, No. 20A-CR-307, __ N.E.3d __ (Ind. Ct. App., Jul. 29, 2020).
While it is well settled that if the elected prosecutor has a conflict of interest, the whole office is disqualified; it is not necessary to disqualify the whole office if one deputy has a conflict of interest.