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Case Clips

Published by the Indiana Office of Court Services

Appeals

Hill v. State, No. 20A03-1507-CR-907, ___ N.E.3d ___ (Ind. Ct. App., Feb. 25, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: Appeals, P. Riley

Trial court was within its discretion to exclude alleged domestic-battery victim who had recanted her accusation as a defense witness. Error was invited by defendant’s insistence on calling witness, despite State’s and court’s repeated cautions.

Hinton v. State, No. 49A04-1508-CR-1167, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: Appeals, M. May

Evidence that defendant had arrow “nocked” in his bow was sufficient to establish “endangers a person” element of B-misdemeanor public intoxication.

Cox v. State, No. 29A02-1508-PC-1221, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).

February 29, 2016 Filed Under: Criminal Tagged With: Appeals, R. Pyle

Post-conviction court was required, upon indigent prisoner’s proper request, to forward petition to the State Public Defender’s Office for review. Failure to do so required reversal.

Gerth v. State, No. 29A02-1506-CR-693, ___ N.E.3d ___ (Ind. Ct. App., Feb. 18, 2016).

February 22, 2016 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Search warrant was not based on probable cause, when supported only by two uncorroborated tips from informants with insufficiently established credibility and good-faith exception did not apply in view of officer’s “reckless material omission of fact” relevant to credibility of one of the tips.

Holloway v. State, No. 71A04-1508-CR-1292, ___ N.E.3d ___, (Ind. Ct. App. Feb. 18, 2016).

February 22, 2016 Filed Under: Criminal Tagged With: Appeals, M. Bailey, T. Crone

Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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