Civil forfeiture evidence failed to establish by the required preponderance that the truck subject to the action had been used in furtherance of the driver’s drug possession or for the purpose of drug possession.
Brown v. State, No. 49A02-1008-CR-905, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)
The 2010 amendment providing credit time for persons on electronic home monitoring as a direct commitment to community corrections does not apply retroactively.
Beeler v. State, No. 49A05-1007-CR-456, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)
The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.
Love v. Rehfus, No. 30S01-1004-CV-162, ___ N.E.2d ___ (Ind., April 21, 2011)
A firefighter’s private email supporting a political candidate running for township trustee to a small group of citizens was protected public-employee speech under the Garcetti-Connick-Pickering test, and the fire chief was not justified in treating the firefighter differently from any other member of the general public and terminating his position.
Boston v. State, No. 32A01-1008-CR-421, __ N.E.2d __ (Ind. Ct. App., Apr. 13, 2011)
2010 amendment of statute on required methods for blood draws to test for intoxication is remedial, so the amendment, as an evidence rule, applied to the method used to draw Boston’s blood in his OWI prosecution, when the amendment was enacted after the blood test but took effect prior to the trial.