A trial court errs when it grants the State’s motion for continuance, based the unavailability of laboratory testing results, under Criminal Rule 4(D), where the State fails to establish diligence.
Appeals
Byers v. State, No. 19A-CR-246, __ N.E.3d __ (Ind. Ct. App., Oct. 24, 2019
A four-day period between the illegal activity and the finding of probable cause does not render a warrant constitutionally stale.
Ind. Bureau of Motor Vehicles v. Douglass, No. 19A-MI-216, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).
BMV had the right to pursue a suspension of defendant’s driving privileges in Indiana even though he was a no longer a resident of Indiana.
McAnalley v. State, No. 18A-CR-1099, __ N.E.3d __ (Ind. Ct. App., Oct. 18, 2019).
Defendant is permitted to stipulate to his status as a felon in a trial for unlawful possession of a firearm by a serious violent felon. When a passenger in an automobile is arrested on a warrant, search of the passenger compartment is permissible under both the Indiana and federal constitutions, based on suspicious behavior and/or admission by the passenger of ownership of contraband in the passenger side of the vehicle.
Weikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2019).
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.