Law enforcement officers must obtain a warrant before searching a cell phone incident to arrest and gathering location data on its GPS device.
Chastain v. State, No. 20A03-1510-CR-1839, ___N.E.3d___ (Ind. Ct. App., Aug. 4, 2016).
There is no requirement in the intimidation statute that a prior lawful act has to be completed for any considerable length of time before a threat is made; as a matter of public policy, people should be able to attempt to defuse situations without being threatened with the use of deadly force.
Weaver v. State, No. 32S04-1608-CR-415, __ N.E.3d __ (Ind., Aug. 4, 2016).
Driver who was unable to produce his driver’s license, avoided answering request for his address, evaded questions about his name, and repeatedly refused to provide his date of birth, was guilty of violating refusal-to-identify statute at Ind. Code § 34-28-5-3.5.
Hubbell v. State, No. 03A01-1511-PC-1927, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
Trial court is required to order copy of Record of Proceedings from Supreme Court Clerk when requested by pro se petitioner for post-conviction relief.
Woodford v. State, No. 20A03-1601-CR-171, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
The trial court has authority to reduce or suspend a prior sentence and impose a new sentence that the court was authorized to impose at the time of sentencing under Ind. Code § 35-38-1-17.