The Indiana Crime Victims Relief Act is not applicable to the common-law tort of fraud.
Appeals
Harper v. State, No. 49A04-1305-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2014).
Officer who lies to gain entrance to a home, without exigent circumstances and after consensual entry was denied, is not acting within the course of official duties so as to justify the arrest of the home owner for resisting arrest.
Cunningham v. State, No. 19A05-1310-CR-489, __ N.E.2d __ (Ind. Ct. App., Feb. 27, 2014).
When circumstances did not support a pat-down of stopped motorist, officer’s statement he would pat-down the motorist if the motorist chose to get out of the car was an ultimatum rather than a choice to which the motorist could consent.
Pietrowski v. State, No. 46A03-1306-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2014).
Defense motion to exclude intoxication evidence, based on argument legislation transferring Department of Toxicology from Indiana University to the State abrogated existing toxicology regulations and required adoption of new ones, was properly denied.
Morgan v. State, No. 49A02-1304-CR-386, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
“Annoys” as used in the public intoxication offense is unconstitutionally vague.