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.
Ward v. State, No. 49S02-1602-CR-96, ___ N.E.3d ___ (Ind., Feb. 19, 2016).
Domestic battery victim’s statements to forensic nurse identifying her attacker were not barred as testimonial hearsay because they were given for “primary purpose” of medical treatment, which includes “safety plan” for discharge.
Bonnell v. Cotner, No. 66503-1509-PL-530, __ N.E.3d __ (Ind., Feb. 16, 2016).
Sale of the strip of land by tax deed extinguished any and all interest the party previously possessed by adverse possession.