Warrant for drawing intoxicated driver’s blood was invalid for lack of probable cause, where officer’s probable-cause affidavit marked an “X” next to certain boilerplate language, but wrote nothing in the corresponding blanks to provide specific facts to make an individualized showing as to defendant.
Appeals
Stibbens v. Foster, No. 18A02-1410-PL-750, __ N.E.3d __ (Ind. Ct. App., Oct. 14, 2015).
A “devisee” for will contests includes only devisees of the will being challenged and devisees of the next will in line who would directly benefit if the challenged will were set aside. To award attorney’s fees in a will contest, “First, the claimant seeking fees must prove that some or all of her claims were made in good faith and with just cause. The trial court must then make a preliminary determination as to which of the claims meet this standard. Then, the claimant is required to come forward with evidence showing the amount of attorney fees expended only for the claims that meet the statutory standard.”
Fox v. Bonam, No. 55A01-1503-PO-112, __ N.E.3d __ (Ind. Ct. App, Oct. 16, 2015).
The trial court erred in ordering the sheriff to seize firearms as part of a protective order between neighbors.
McKinley v. State, No. 49A02-1502-CR-78, ___ N.E.3d ___(Ind. Ct. App., Oct. 6, 2015).
Instructing the jury that defendant could be convicted under I.C. § 35-48-4-1(a)(2)(C) for “knowingly” possessing cocaine with intent to deliver was not fundamental error, although defining “intent to deliver” may have been preferable.
Quinn v. State, No. 20A03-1503-CR-82, ___ N.E.3d ___ (Ind. Ct. App., Oct. 8, 2015).
Charges for 1988 child molestation and criminal confinement were not barred by statute of limitations; State’s discovery in 2012 of DNA evidence implicating defendant was reasonably diligent, and charges were filed within one year of that discovery.