T.R. 6(E)’s 3-day extension does not apply when the order creates a deadline from the date of the order.
Appeals
Ervin v. State, No. 18A-CR-965, __ N.E.3d __ (Ind. Ct. App., Nov. 28, 2018).
Defendant could not have been acting in defense of his property or others as he was not in a place he was allowed to be, so the jury instruction on property defense was properly denied.
Connor v. State, No. 18A-CR-442, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2018).
The results of the breath test were inadmissible since it was administered using a procedure that had not been approved by the Department of Toxicology.
Jarman v. State, No. 18A-CR-1034, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2018).
The suspicionless search of the community corrections participant was unconstitutional because his waiver did not specifically authorize it.
Hodges v. State, No. 18A-MI-78, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2018).
Seizure of money found in parcel was illegal because there was no evidence of unlawful activity and no charges were made in connection with the parcel.