Pursuant to Ind. Evidence Rule 617(a)(3), the trial court properly admitted statements made to arresting officers during the custodial interrogation when recording equipment malfunctioned or failed to operate.
Appeals
Harris v. State, No. 83A01-1509-CR-1311, __N.E.3D__ (Ind. Ct. App., July 27, 2016).
Defendant’s name appearing on NPLEx did not provide an independent basis of reasonable suspicion that would justify further investigation after a seat belt enforcement stop.
May v. State, 35A04-1603-CR-673, __N.E.3d__ (Ind. Ct. App., July 29, 2016).
Because defendants are placed on parole OR probation, and defendant complied with the terms of parole, it was reasonable for defendant not to report to probation before his release from parole and the trial court abused its discretion in revoking probation.
Owens v. State, No. 49A02-1601-CR-41, __N.E.3d__ (Ind. Ct. App., July 29, 2016).
Trial court should have vacated the felony conviction with the less severe penal consequences based on double jeopardy violation.
Ellis v. State, 02A03-1602-CR-376, __N.E.3d__(Ind. Ct. App., July 29, 2016).
Postconviction court must determine whether petitioner seeking credit time has exhausted his administrative remedies.