A warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer.
Appeals
Wellman v. State, No. 22A-CR-1673, __N.E.3d __ (Ind. Ct. App., May 10, 2023).
When a trial court grants a defendant’s motion for continuance because of the State’s failure to comply with the defendant’s discovery requests, the resulting delay is not chargeable to the defendant. It does not matter whether the State was negligent in complying the discovery request.
York v. State, No. 22A-CR-2214, __ N.E.3d __ (Ind. Ct. App., May 8, 2023).
A handgun equipped with a switch device may constitute the offense of possession of a machine gun if the gun shoots; or can be readily restored to shoot; automatically more than one shot, without manual reloading, by a single function of the trigger as defined by Indiana Code § 35-31.5-2-190.
Plummer v. Beard, No. 22A-CT-2559, __ N.E.3d __ (Ind. Ct. App., May 4, 2023).
Community Health Network, Inc. v. McKenzie, 185 N.E.3d 368 (Ind. 2022), in which the Court held, in relevant part, that the public disclosure of private facts is a viable tort claim, applies retroactively.
Clark v. State, No. 22A-CR-2421, __N.E.3d __ (Ind. Ct. App., April 25, 2023).
In the entrapment context, apparent agency does not depend on the principal’s express or implied authorization for the agent to act on the principal’s behalf; rather, apparent agency exists when a principal’s manifestations induce a third party to reasonably believe there is a principal-agent relationship.