Order for return of defendant’s money seized by police was abuse of discretion as the matter was moot because the money had already been transferred, by order of a different court without a hearing, to the federal government.
Appeals
Collins v. State, No. 49A02-1310-PC-887 , __ N.E.3d __ (Ind. Ct. App., Jul. 25, 2014).
Denial of post-conviction relief petitioner’s request for subpoena for an out-of-state witness was not an abuse of discretion, when petitioner did not identify any state or federal law permitting the subpoena.
Bell v. State, No. 49A02-1312-CR-1026, __ N.E.3d __ (Ind. Ct. App., Jul. 28, 2014).
Odor on a person of raw marijuana, like the smell of burnt marijuana, suffices to provide probable cause that the person possesses marijuana.
Perryman v. State, No. 20A03-1308-PC-299, __ N.E.3d __ (Ind. Ct. App., Jul. 30, 2014).
Evidence of controlled buy of cocaine from defendant, which was relied on to obtain the search warrant which produced the cocaine and marijuana on which charges were based, was “intrinsic” to the charged crimes and accordingly not barred by Evidence Rule 404(b).
In re S.E., No. 29A02-1312-JT-1064, __ N.E.3d __ (Ind. Ct. App., July 30, 2014).
Trial court did not violate defendant’s due-process rights by requiring her to testify by signing to an interpreter.