Smell of burnt marijuana, observed during exigent-circumstance entry into apartment, did not provide probable cause for search warrant when officer did not explain why he concluded smell was not from neighboring apartment; and seizure of key fob for vehicle where large bundles of marijuana were found exceeded scope of warrant’s authorization for “indicia of occupancy, residency or ownership.” State failed to prove K-9 sniff of vehicle would have been conducted independent of the tainted evidence. Because bundles of marijuana were poisoned fruit and should have been suppressed, conviction was reversed.
Appeals
Daugherty v. State, No. 89A01-1510-PC-1532, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Consecutive sentences for two counts of SVF in possession of a firearm did not constitute a double enhancement,; but they exceeded the statutory cap for a “single episode of criminal conduct.”
Community Health Network v. Bails, No. 49A05-1512-PL-2059, __ N.E.3d __ (Ind. Ct. App., April 7, 2016).
Absent fraud, an agreed judgment is not appealable.
Fisher v. State, No. 20A03-1509-CR-1373, ___ N.E.3d ___ (Ind. Ct. App., March 31, 2016).
Restitution order was proper, despite plea agreement’s silence about restitution; agreement implicitly incorporated I.C. § 35-48-4-17, which mandates restitution in methamphetamine cleanup cases.
Escamilla v. Shiel Sexton Co., Inc., No. 54A01-1506-CT-602, __ N.E.3d __ (Ind. Ct. App., March 31, 2016).
Plaintiff’s status as an undocumented immigrant is relevant to a claim of lost earning capacity.