Law enforcement officers must obtain a warrant before searching a cell phone incident to arrest and gathering location data on its GPS device.
Appeals
Chastain v. State, No. 20A03-1510-CR-1839, ___N.E.3d___ (Ind. Ct. App., Aug. 4, 2016).
There is no requirement in the intimidation statute that a prior lawful act has to be completed for any considerable length of time before a threat is made; as a matter of public policy, people should be able to attempt to defuse situations without being threatened with the use of deadly force.
Hubbell v. State, No. 03A01-1511-PC-1927, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
Trial court is required to order copy of Record of Proceedings from Supreme Court Clerk when requested by pro se petitioner for post-conviction relief.
Woodford v. State, No. 20A03-1601-CR-171, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
The trial court has authority to reduce or suspend a prior sentence and impose a new sentence that the court was authorized to impose at the time of sentencing under Ind. Code § 35-38-1-17.
Montgomery v. State, No. 02A04-1511-CR-2013,__N.E.3d__ (Ind. Ct. App., Aug. 5, 2016).
Placement on probation and placement in a community transition program are not one and the same, and the court’s consideration of those options is not mutually exclusive; therefore, the trial court’s revocation of probation was not barred by res judicata.