When defendant had his prior felony conviction reduced to a misdemeanor, after he was charged in this case with C felony handgun without a license based on the prior felony, his motion to dismiss the C felony should have been granted even though he had the prior felony conviction when the handgun offense was committed.
Appeals
Hicks v. State, No. 82A01-1306-CR-256, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2014).
When “basic questions” asked by police in “pre-interview” did not result in a confession, there was no violation of Missouri v. Seibert’s rule that police cannot purposefully withhold Miranda warnings to get a confession and then secure a Miranda waiver, based on the first confession, before questioning to get a second confession.
Hitchens v. Collection Specialists, Inc., No. 48A05-1306-SC-302, __ N.E.2d __ (Ind. Ct. App., March 11, 2014).
The small claims court did not deny defendant’s due process when it admitted a letter containing hearsay into evidence, and based its decision on that letter.
Wysocki v. Johnson, No. 45A03-1309-CT-385, __ N.E.2d __ (Ind. Ct. App., March 3, 2014)
The Indiana Crime Victims Relief Act is not applicable to the common-law tort of fraud.
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.