Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.
American Cold Storage v. The City of Boonville, No. 87S01-1303-PL-157, __ N.E.2d __ (Ind., Jan. 21, 2014).
Multiple parcels of land acquired by the state for an adjoining public roadway are counted as one parcel for purposes of determining whether the remonstrating landowners comprise 65% of the owners of the annexed territory.
A.N. v. K.G., No. 49A04-1212-PO-649__ N.E.2d __ (Ind. Ct. App., Jan. 21, 2014).
The trial court did not improperly act as an advocate in protective order proceedings.
Gaines v. State, No. 49A04-1303-CR-123, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Return of service for an ex parte protective order was not “testimonial” so that its admission as evidence did not violate the defendant’s Sixth Amendment Confrontation Clause right.