Officer’s entry into back yard through closed fence gate, when signs said to “use front door only,” violated the Fourth Amendment; the fact that the officer was attempting to serve a protective order did not avoid the violation.
C. Bradford
Cross v. State, No. 73A01-1303-CR-134, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2013).
Rejects argument that punishment under current cocaine A felonies is disproportionate because penal code revisions effective July 1, 2014 reflect General Assembly determination of disproportionality.
State v. Owens, No. 49A02-1210-CR-817, __ N.E.2d __ (Ind. Ct. App., Aug. 15, 2013).
When the police had illegally detained the suspect and discovery of the cocaine on his person became inevitable due to the illegal stop, suppression of the cocaine was required even though its actual discovery occurred when the suspect fled and was reapprehended.
Hale v. State, No. 25A04-1301-CR-15, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.
Redington v. State, No. 53A01-1210-CR-461, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Rejects challenges based on the Indiana Constitution to the statutory procedure for retaining firearms of a “dangerous” person and concludes that evidence supported the trial court’s finding the respondent was “dangerous” so that his fifty-one firearms should be retained by the police.