Homeowner prevailed with his “Castle Doctrine” statutory defense to a charge of battery on a law enforcement officer when the officer had unlawfully entered the home by putting his foot in the threshold of the front door.
Appeals
D.Y. v. State, No. 49A02-1405-JV-298, __ N.E.3d __ (Ind. Ct. App., Mar. 11, 2015).
When officer told juvenile he would be transported to the police station, the juvenile was “seized” for purposes of the Fourth Amendment, and as the office had no probable cause to believe the juvenile had committed a crime the firearm the officer found in patting the juvenile down was inadmissible.
Stone v. State, No. 34A02-1410-CR-753, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2015).
After the trial court had accepted the plea agreement and entered judgment of conviction, defendant’s failure to appear for a presentence investigation did not permit the court to rescind the agreement and vacate the convictions.
In re M.N., No. 53A01-1410-JT-462, __N.E.3d __ (Ind. Ct. App., March 10, 2015).
Adoption agency’s ability to file a petition to voluntarily terminate parental rights to not restricted to the scope of its statutory authorization as a licensed child placing agency.
State v. Arnold, No. 22A05-1408-CR-387, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
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.