Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
Appeals
State v. Hancock, No. 39A05-1506-CR-633, ___ N.E.3d ___ (Ind. Ct. App. Jan. 22, 2016).
Elements of Ohio residential burglary offense were not “substantially similar” to Indiana offense, and therefore did not establish serious violent felon (SVF) status.
Rondeau v. State, No. 49A02-1505-PC-427, ___ N.E.3d ___ (Ind. Ct. App. Jan. 12, 2016).
Post-conviction court did not abuse its discretion in denying some requests for subpoenas, despite not issuing “a finding on the record” under P-C.R. 1(9)(b); subpoenas either were not specific enough to establish proposed witnesses’ relevance, or relevance was only to matters available at trial or on direct appeal.
In re Guardianship of Stant, No. 07A01-1504-GU-139, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2016).
Ind. Code § 30-5-6-4, setting forth who may make a request and receive an accounting from an attorney in fact, applies to all power of attorneys (not just those created after the amendment of the statute on July 1, 2012).
Woods v. State, No. 20A03-1506-PC-688, ___ N.E.3d ___ (Ind. Ct. App. Dec. 29, 2015).
Post-conviction court erred in finding that defendant received effective assistance of trial counsel; there was no serious dispute that counsel (now deceased) had failed prior to trial to communicate a guilty-plea offer that would have reduced defendant’s sentence exposure to about half of what he actually received.