Police officer in full uniform working as a private security guard was acting as a law enforcement officer under the circumstances of the case; officer making a Terry frisk could remove sharp object from defendant’s pocket, but when officer realized object was a pen cap and not a weapon he could not take the plastic bag he observed in the cap out and inspect its contents, even though he testified bags in such caps were often used, in his experience, to store narcotics.
D.C. v. J.A.C., No. 32S04-1206-DR-349, ___ N.E.2d ___ (Ind., Nov. 13, 2012).
Trial courts have considerable deference in family law matters, and the trial court had ample support to hold that it was in the child’s best interests to remain in the state.
State v. Holtsclaw, 49S02-1205-CR-26, ___ N.E.2d ___ (Ind., Nov. 5, 2012).
30-day deadline in Appellate Rule 9 for filing a notice of appeal when a party files a motion to correct error applies to the state in a criminal case.
Bailey v. State, 49S02-1204-CR-234, ___ N.E.2d ___ (Ind., Nov. 5, 2012).
Any offense that causes the victim physical pain meets the test “bodily injury” requirement for domestic battery.
Burton v. State, No. 45A03-1201-CR-6, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2012).
Indiana ex post facto law prohibits application of the sex offender registration laws to a resident convicted of a sex offense in another state before the enactment of both that state’s and Indiana’s registration acts.