Although jacket possessor was out of vehicle and handcuffed, officer’s search of the jacket in the car did not violate Arizona v. Gant when three occupants remained in the vehicle, suspect had acted suspiciously about the jacket, and car was in high crime area.
Appeals
Anderson v. State, No. 49A05-1105-CR-243, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.
Bowling v. State, No. 35A04-1107-CR-407, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2012).
Guilty plea judge’s failure to advise defendant of right to appeal sentence did not make agreed waiver of the right to appeal open plea sentence unenforceable, when record showed defendant had read the waiver agreement, gone over it with defense counsel, and agreed to it.
Long v. State, No. 49A02-1105-CR-381, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2012).
Master commissioner, given the same statutory authority as a magistrate, was accordingly not authorized to impose sentence following a guilty plea.
Fletcher v. State, No. 79A02-1009-CR-1096, __ N.E.2d __ (Ind. Ct. App., Jan. 18, 2012).
The date of counsel’s appearance, not of counsel’s appointment, determines whether a defendant’s pro se Criminal Rule 4(B) speedy trial motion is valid.