Probationer home search was invalid as unsupported by reasonable suspicion a probation violation occurred.
Gearlds v. State, No. 90A02-1105-CR-433, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Error in statute defining A misdemeanor driving while suspended with a prior within ten years does not prevent its enforcement.
Gunn v. State, No. 49A02-1102-CR-82, __ N.E. 2d __ (Ind. Ct. App., Oct. 24, 2011).
When defendant made a left turn onto a four-lane road, traffic statute did not require that the turn be into the lane closes to the center line, and officer’s mistake-of-law belief that defendant committed an infraction did not save the ensuing search under the “good faith” doctrine.
Buchanan v. State, No. 82A01-1103-CR-139, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Credit time for defendant’s pre-trial incarceration was properly counted as “credit restricted” despite fact defendant had not yet been determined to be a “credit restricted” felon until his conviction.
Broude v. State, No. 75A03-1101-CR-37, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
When trial began and child molestation victim could not testify in court, two week continuance to provide for closed-circuit television testimony was not erroneous.