Motion to set aside habitual offender enhancement should have been treated as a postconviction relief petition; trial court erred by vacating only the habitual enhancement, when the habitual enhancement was an integral part of the plea agreement’s disposition of charged offenses.
Appeals
Shelton v. State, No. 71A03-1408-Cr-309, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
Search of an offender on community corrections monitored home detention is subject to the reasonable suspicion standard required for probationer searches; in this case, the circumstances conferred the required reasonable suspicion for a warrantless dog sniff search of the offender’s home and garage.
Bisard v. State, No. 02A03-1312-CR-492, __ N.E.3d __ (Ind. Ct. App., Mar. 4, 2015).
Trial court’s indication it would consider defendant’s use of certain evidence as opening the door to evidence of defendant’s subsequent criminal conduct was not a ruling admitting the subsequent conduct into evidence, so that defendant’s failure to present his evidence and obtain an actual ruling on an objection to the subsequent conduct evidence did not preserve the issue for appeal.
Ball Memorial Hospital, Inc. v. Fair, No. 18A02-1405-CT-316, __N.E.3d __ (Ind. Ct. App., March 2, 2015).
Based on the principles of notice pleading, Plaintiff can pursue negligence claims against the hospital’s pharmacist despite not making the claim to the medical review panel.
Cartwright v. State, No. 65A01-1404-CR-170, __ N.E.3d __ (Ind. Ct. App., Feb. 25, 2015).
Search warrant was erroneously issued, as the application did not establish the informant’s reliability, and the good faith exception could not save the search