Trial court has authority to order defendant to complete domestic violence counseling even though he was not convicted of domestic battery when it is reasonably related to the crime.
Appeals
Tyms-Bey v. State, No. 49A05-1603-CR-439, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2017).
Indiana’s RFRA offers no protection for the allegedly criminal nonpayment of income taxes, and the trial court did not err by denying a request to assert the defense.
Watkins v. State, No. 82A01-1510-CR-1624, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2017).
Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.
Neal v. State, No. 20A04-1606-CR-1326, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2016).
The court substantially complied with the requirement of I.C. 35-38-1-7.8(c) by making it clear to the defendant that her status as a credit-restricted felon would impact her ability to earn credit time toward her sentence.
Polet v. ESG Security, Inc., No. 49A02-1510-CT-1631, __N.E.3d__ (Ind. Ct. App., Dec. 27, 2016).
Where foreseeability is an element of duty, the court must determine the question of foreseeability as a matter of law; stage collapse due to high wind is not foreseeable as a matter of law.