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.
Appeals
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.
Thompson v. State, No. 61A01-1305-CR-207, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.
Gonzalez v. State, No. 52A02-1306-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb. 4, 2013).
Restitution sentence for payment to workman’s compensation insurer of amounts it paid for victim’s medical treatment and lost wages was proper, but restitution could not be ordered for the permanent partial impairment settlement paid to the victim.