While possession of a firearm, without more, cannot provide reasonable suspicion for an investigatory stop, evasive and aggressive behavior during a consensual encounter regarding an inquiry into possession of a firearm may provide reasonable suspicion to perform an investigatory stop and frisk.
Appeals
Furbee v. Wilson, No. 19A-PL-1756, __ N.E.3d __ (Ind. Ct. App., March 30, 2020).
Before a landlord makes a decision about a tenant’s request for an emotional-support animal, it can conduct a “meaningful review” to determine whether the accommodation is required; this review includes requesting documentation, such as information about the disability and the disability-related need for the animal, and opening a dialogue.
Tigner v. State, No. 19A-CR-1478, __ N.E.3d __ (Ind. Ct. App., Mar. 18, 2020).
Presence alone, without more, in a house where drugs are found, does not provide sufficient probable cause to arrest a person for visiting a common nuisance.
In re Paternity of C.B., No. 19A-JP-1618, __ N.E.3d __ (Ind. Ct. App., March 18, 2020).
An attorney cannot litigate an award of attorney fees separate and apart from the client.
Tyrie v. State., No. 19A-CR-692, __ N.E.3d __ (Ind. Ct. App., Mar. 12, 2020).
Re-fling of charges based on a crime involving the same victim, and when the defendant has yet to go to trial, does not prejudice the substantial rights of a defendant.