A person in police custody is not entitled to advisement of rights under Pirtle prior to police obtaining consent to conduct a Drug Recognition Exam (“DRE”).
Wright v. State, No. 18S-CR-00166, __ N.E.3d __ (Ind., Oct. 4, 2018).
The trial court properly admitted defendant’s statements to police after an illegal search as the Court grafted the attenuation doctrine onto our Article 1, Section 11 jurisprudence as a natural limit to the exclusionary rule.
Kaushal v. State, No. 49A04-1612-CR-2862, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2018).
In order to establish prejudice by counsel’s deficient performance resulting in a guilty plea, a defendant must substantiate his claim with contemporaneous evidence and not rely merely on post hoc claims that he would not have pled guilty had he been better advised.
Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission, No. 20A03-1709-CT-213, __ N.E.3d __ (Ind. Ct. App., Oct. 3, 2018).
Ind. Code 34-11-2-11.5 is the statute of limitations for Environmental Legal Actions; as soon as a person incurs a cleanup cost, the ten-year period starts to run with respect to that cost.
State v. Lucas, No. 18A-CR-92, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2018).
The search of a vehicle in defendant’s garage did not unconstitutionally exceed the scope of the search warrant under the Fourth Amendment. A search warrant authorizing a search of a particularly described premises permits the search of vehicles owned or controlled by the owner of, and found on, the premises.