Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
Kansas v. Carr, No. 14-449, ___ U.S. ___ (Jan. 20, 2016).
The Eighth Amendment does not require capital-sentencing courts to instruct a jury that mitigating circumstances need not be proved beyond a reasonable doubt. Joint capital-sentencing proceeding did not violate defendants’ Eighth Amendment right to an “individualized sentencing determination.”
Garcia v. State, No. 49S05-1505-CR-335, ___ N.E.3d ___ (Ind. Jan. 21, 2016).
Searching contents of pill container, which had already been seized incident to lawful arrest, was reasonable under the Indiana Constitution.
State v. Hancock, No. 39A05-1506-CR-633, ___ N.E.3d ___ (Ind. Ct. App. Jan. 22, 2016).
Elements of Ohio residential burglary offense were not “substantially similar” to Indiana offense, and therefore did not establish serious violent felon (SVF) status.
Town of Zionsville v. Town of Whitestown, No. 06S01-1601-PL-36, __ N.E.3d __ (Ind., Jan. 22, 2016).
“2014 Zionsville-Perry Reorganization is not prohibited and that Whitestown may not adopt annexation ordinances annexing territory in municipalities that are the result of completed reorganizations under the [Government Modernization] Act.”