For purpose of the consecutive sentencing statute, a conspiracy to commit a “crime of violence” is not itself a “crime of violence.”
Henderson v. State, No. 20A03-1102-PC-108, __N.E.2d__ (Ind. Ct. App., Aug. 29, 2011).
U.S. Supreme Court’s Gant, which did away with “brightline” rule allowing searches of passenger compartments at the time the driver was arrested even if driver was no longer within reaching distance of the vehicle, does not apply to a pre-Gant “brightline” search legal when made under the Court’s former New York v. Belton precedent.
Alter v. State, No. 85A04-1101-CR-44, __ N.E.2d __ (Ind. Ct. App., Aug. 31, 2011).
After conservation officer had been shown subject’s fishing license, further detention for questions based on officer’s hunch subject might have put marijuana in his duffle was unsupported by reasonable suspicion and required suppression of marijuana subject produced on officer’s command to “give me your marijuana.”
Kitchen v. Kitchen, et al, No. 27A04-1101-DR-1, ___ N.E.2d ___ (Ind. Ct. App., Aug. 29, 2011)
Only parents, grandparents and step-parents have standing to pursue visitation with a child.
Branham v. Varble & Chastain, No. 62S01-1103-SC-14, ___ N.E.2d ___ (Ind., Aug. 30, 2011)
Self-represented parties in small claims court do not forfeit the generic exemption statute and the Social Security exemptions even if the litigants do not know enough to plead them; even if an information of contempt has not been filed, a court does not err when it orders a party to return for status checks a limited number of times; orders to seek employment or to seek better employment are not a proper part of a proceeding supplemental.