At trial for carrying a handgun without a license, defendant presented some evidence to support defense of necessity; trial court therefore erred in refusing to give the instruction.
Darringer v. State, No. 32A01-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).
Traffic stop was based on unreasonable mistake of law, thus requiring suppression of evidence and reversal of OWI conviction; deputy’s belief in mid-2014 that temporary license plate could not be displayed in back window was unreasonable in view of 2013 amendment of I.C. § 9-32-6-11 expressly permitting such displays.
Trammell v. State, No. 24A01-1502-CR-51, ___ N.E.3d ___ (Ind. Ct. App. Nov. 13, 2015).
Defendant’s probation was improperly revoked, because State failed to prove that the alleged violation occurred during the probationary period; Court of Appeals would not consider matters outside the record included in the State’s Appendix purporting to show the dates defendant was on probation.
Gertiser v. Stokes, No. 29S02-1511-DR-643, __ N.E.3d __ (Ind., Nov. 10, 2015).
Revoking spousal maintenance requires proof “not merely that the maintenance award had become unreasonably excessive, but its very existence had become unreasonable.”
Pittman v. State, No. 49A05-1504-CR-137, ___ N.E.3d ___ (Ind. Ct. App. Nov. 5, 2015).
Attempted stalking, unlike the completed crime, does not require proof that the defendant’s conduct “actually causes the victim to feel terrorized, frightened, intimidated, or threatened.”