Marijuana found on street on passenger’s side of auto, where it may have been thrown from passenger’s window, coupled with driver’s suspicious behavior, was not sufficient to establish the passenger possessed the marijuana.
Appeals
Carraway v. State, No. 47A01-1104-CR-162, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Trial court’s failure to take guilty plea into account as a mitigating factor required remand for resentencing.
D.E. v. State, No. 49A02-1103-JV-319, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2011).
Counsel’s signature on delinquent’s plea agreement was sufficient to establish a proper waiver of his rights, notwithstanding absence of parental signatures.
Nowling v. State, No. 31A01-1010-CR-552, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Probationer home search was invalid as unsupported by reasonable suspicion a probation violation occurred.
Gearlds v. State, No. 90A02-1105-CR-433, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Error in statute defining A misdemeanor driving while suspended with a prior within ten years does not prevent its enforcement.