“[A]ny fact that increases the mandatory minimum [sentence] is an ‘element’ that must be submitted to the jury.”
Crocker v. State, No. 79A04-1210-CR-542, __ N.E.2d __ (Ind. Ct. App., June 18, 2013).
Motorist told to sit in squad car after being stopped on the highway was in “custody” when questioned by the officer in the car.
Nationstar Mortgage, LLC v. Curatolo, No. 45A03-1211-MF-469, __ N.E.2d __ (Ind. Ct. App., June 18, 2013).
Court cannot modify a mortgage agreement without the consent of both parties participating in a settlement conference.
Maryland v. King, No. 12–207, __ U.S. __ (June 3, 2013).
When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
In Re: Name change of Jane Doe, No. 49A02-1211-MI-894, __ N.E.2d __ (Ind. Ct. App., June 13, 2013).
Administrative Rule 9 was the “best option” for a domestic violence victim who had filed a name change petition to avoid her abuser but wanted to avoid disclosure of her identity in the proceeding.