Officer’s conclusory testimony failed to establish how his decision to impound a car conformed to an established departmental impound policy; impoundment and subsequent inventory search were therefore invalid.
Hinton v. State, No. 49A04-1508-CR-1167, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).
Evidence that defendant had arrow “nocked” in his bow was sufficient to establish “endangers a person” element of B-misdemeanor public intoxication.
Cox v. State, No. 29A02-1508-PC-1221, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).
Post-conviction court was required, upon indigent prisoner’s proper request, to forward petition to the State Public Defender’s Office for review. Failure to do so required reversal.
Gerth v. State, No. 29A02-1506-CR-693, ___ N.E.3d ___ (Ind. Ct. App., Feb. 18, 2016).
Search warrant was not based on probable cause, when supported only by two uncorroborated tips from informants with insufficiently established credibility and good-faith exception did not apply in view of officer’s “reckless material omission of fact” relevant to credibility of one of the tips.
Holloway v. State, No. 71A04-1508-CR-1292, ___ N.E.3d ___, (Ind. Ct. App. Feb. 18, 2016).
Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.