An act of reckless driving in a work zone can only sustain one conviction even though it caused two deaths; the distinction between conduct- and result-based offenses remains the law in Indiana.
C. Bradford
McGrath v. State, No. 49A04-1610-CR-2270, __ N.E.3d __ (Ind. Ct. App., July 31, 2017).
Probable cause to obtain a search warrant to use thermal imaging technology must be based on evidence that corroborates a tip that criminal activity has occurred or is occurring at a place, and not solely on the training and experience of law enforcement officers.
In re Civil Commitment of M.L., No. 49A02-1612-MH-2823, __ N.E.3d __ (Ind. Ct. App., June 27, 2017).
A special condition of a mental health commitment must bear a relationship to treatment or protection of the public; special condition of no alcohol or drug use was struck because there was no record of this relationship.
McAlpin v. State, No. 39A01-1606-CR-1417, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.
Gill v. Gill, 20A03-1607-DR-1569, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
The statutory authority allowing a trial court to order a divorced parent to contribute to his child’s post-secondary educational expenses is constitutional.