Defendant is permitted to stipulate to his status as a felon in a trial for unlawful possession of a firearm by a serious violent felon. When a passenger in an automobile is arrested on a warrant, search of the passenger compartment is permissible under both the Indiana and federal constitutions, based on suspicious behavior and/or admission by the passenger of ownership of contraband in the passenger side of the vehicle.
Weikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2019).
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.
Falls v. State, No. 19S-CR-557, __ N.E.3d __ (Ind., Oct. 8, 2019).
A charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode.
State v. McFarland, No. 18A-CR-2408, __ N.E.3d __ (Ind. Ct. App., Oct. 10, 2019
Trial court properly denied the State’s motion to amend the habitual offender charging information because it would prejudice defendant’s substantial rights and because it was not supported by good cause.
Martin v. State, No. 19A-CR-183, __ N.E.3d __ (Ind. Ct. App., Oct. 11, 2019).
Defendant was improperly sentenced for a crime – Level 3 Felony robbery – for which he had not been convicted because the State did not allege the use of a deadly weapon as an enhancement of the robbery offense, and the jury was never instructed on that crime.