“[T]he effect of another state’s determination that a will is invalid has no effect on the validity of the will in Indiana as it pertains to the disposition of real property located in Indiana.”
Appeals
Heaton v. State, No. 48A02-1104-CR-404, __ N.E.2d __ (Ind. Ct. App., Dec. 28, 2011).
In a probation revocation, the trial court must apply the preponderance standard in determining whether a new offense was committed; points out that a line of Court of Appeals decisions saying probable cause is the standard failed to note the 1983 statutory change requiring preponderance.
Bryant v. State, No. 45A03-1101-CR-11, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Suspect, arrested driving his car for resisting arrest after he failed to stop the car earlier, was properly strip-searched at the arrest site for drugs when officers had reasonable suspicion he was concealing contraband on his person.
McCloud v. State, No. 49A05-1102-CR-77, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Neither the Interstate Agreement on Detainers nor the writ of habeas corpus ad prosequendum procedures applied to defendant while he was in federal custody for ten months; Criminal Rule 4 consequently was applicable, and the time the defendant was in federal custody was attributable to the defendant under the Criminal Rule 4(C) one-year rule.
Clark v. State, No. 48A04-1104-CR-249, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
When probation is transferred to another county, the forty-five day filing deadline for a revocation in I.C. 35-38-2-3(a)(2)(B) begins when the receiving court with supervisory authority has notice of the violation, and not when the sentencing court first learns of the violation.