Misdemeanor sentencing addressed on rehearing.
Jackson v. Holiness, No. 02A03-1103-RS-9, ___ N.E.2d ___ (Ind. Ct. App., Feb. 8, 2012).
Trial court did not err in dismissing mother’s petition to modify child support, because she is not a non-resident petitioner as required by Ind. Code 31-18-6-11 and so the trial court did not have subject matter jurisdiction.
McCaa v. State, No. 56A04-1107-CR-341, __ N.E.2d __ (Ind. Ct. App., Jan. 30, 2012).
Officer did not violate Fourth Amendment or Indiana Constitution by having defendant drive his truck two miles down the road to a gas station to continue the investigatory stop made on reasonable suspicion, when the truck was blocking the single lane of traffic, it was raining, and the defendant’s driving posed no severe risks.
Stark v. State, No. 49A05-1104-CR-152, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
Although jacket possessor was out of vehicle and handcuffed, officer’s search of the jacket in the car did not violate Arizona v. Gant when three occupants remained in the vehicle, suspect had acted suspiciously about the jacket, and car was in high crime area.
Anderson v. State, No. 49A05-1105-CR-243, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.