Defendant was not entitled to severance of right when alleged molestations were based on a common modus operandi and not just of similar character.
Osmanov v. State, No. 35A04-1412-PC-568, ___ N.E.3d ___ (Ind. Ct. App., July 22, 2015).
Trial court improperly denied PCR summarily by taking judicial notice of prior guilty-plea proceedings; they had not been submitted as evidence in support of summary disposition under P-C.R. 1(4)(g) and were not part of the “pleadings” that could be considered under P-C.R. 1(4)(f).
First Bank of Whiting v. 524, LLC, No. 45A04-1410-MI-476, __ N.E.3d __ (Ind. Ct. App., July 21, 2015).
To issue a tax deed pursuant to Ind. Code § 6-1.1-25-4.6(b) “there is implicit in the statute a sixth condition, which is that the petitioner is legally entitled to a tax deed after completing all of the requisite steps.”
State v. Terrell, ___ N.E.3d ___, No. 55A01-1501-CR-9 (Ind. Ct. App. July 10, 2015).
Contraband found in probationer’s home was admissible; probationer waived search and seizure rights and agreed to “reasonable” searches as condition of probation, and search was not unreasonable (applying Vanderkolk v. State, 32 N.E.3d 775 (Ind. June 9, 2015)).
Seal v. State, ___ N.E.3d ___, No. 48A02-1410-CR-775 (Ind. Ct. App. July 15, 2015).
State’s inadvertent failure to preserve audio recordings of victims’ initial field interviews and subsequent follow-up interviews did not violate defendant’s rights; no law requires recording of victim interviews, and police did not intentionally sabotage or destroy the recordings they had attempted to make.