Search warrant was invalid; uncorroborated anonymous tip of drug dealing at defendant’s home, plus police smelling burnt marijuana and seeing unspecified amount of marijuana “shake” on table in the home, did not establish probable cause of drug dealing.
Appeals
Kowalskey v. State, No. 32A01-1503-CR-99, ___ N.E.3d ___ (Ind. Ct. App., July 30, 2015).
Defendant’s conduct did not waive his right to counsel. His oral and written requests for the trial court to compel discovery were not obstreperous, and trial court had neither adequately advised defendant of the dangers of self-representation nor made necessary findings on whether his conduct under the circumstances constituted knowing and intelligent waiver of counsel.
Ennik v. State, No. 90A02-1409-CR-664, ___ N.E.3d ___ (Ind. Ct. App. July 17, 2015).
Defendant was not entitled to severance of right when alleged molestations were based on a common modus operandi and not just of similar character.
Osmanov v. State, No. 35A04-1412-PC-568, ___ N.E.3d ___ (Ind. Ct. App., July 22, 2015).
Trial court improperly denied PCR summarily by taking judicial notice of prior guilty-plea proceedings; they had not been submitted as evidence in support of summary disposition under P-C.R. 1(4)(g) and were not part of the “pleadings” that could be considered under P-C.R. 1(4)(f).
First Bank of Whiting v. 524, LLC, No. 45A04-1410-MI-476, __ N.E.3d __ (Ind. Ct. App., July 21, 2015).
To issue a tax deed pursuant to Ind. Code § 6-1.1-25-4.6(b) “there is implicit in the statute a sixth condition, which is that the petitioner is legally entitled to a tax deed after completing all of the requisite steps.”