Former statutory provision that victim’s statement “shall” be considered did not authorize court to refuse expungement when all petition requirements were met.
C. Bradford
Ward v. State, No. 49A02-1401-CR-25, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2014).
Statements by belt whipping victim to medical personnel identifying defendant as attacker were not “testimonial,” so that Sixth Amendment Confrontation right did not apply to prevent personnel from testifying about victim’s statements.
Lucas v. State, No. 03A01-1309-CR-389, __ N.E.3d __ (Ind. Ct. App., Aug. 14, 2014).
Officer’s taking expired license suspect into patrol car to “review the information and decide what we were going to do,” when review could have been conducted by the side of the suspect’s auto, impermissibly expanded scope of an investigatory stop without justification.
State v. Downey, No. 10A01-1310-CR-432, __ N.E.3d __ (Ind. Ct. App., July 31, 2014).
Order for return of defendant’s money seized by police was abuse of discretion as the matter was moot because the money had already been transferred, by order of a different court without a hearing, to the federal government.
Dixon v. State, No. 84A01-1307-CR-339, __ N.E.3d__ (Ind. Ct. App., July 22, 2014).
Terry pat-down search could not be conducted under the facts of the case.