Police officer in full uniform working as a private security guard was acting as a law enforcement officer under the circumstances of the case; officer making a Terry frisk could remove sharp object from defendant’s pocket, but when officer realized object was a pen cap and not a weapon he could not take the plastic bag he observed in the cap out and inspect its contents, even though he testified bags in such caps were often used, in his experience, to store narcotics.
C. Bradford
Lewis v. State, No. 40A01-1106-CR-276, __ N.E.2d _ (Ind. Ct. App., May 14, 2012).
“Can I get a lawyer?” was an unequivocal request for an attorney under Miranda.
Otte v. State, No. 84A01-1108-CR-356, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
Rejects argument that expert’s testimony that victims of domestic violence often recant their stories was improper vouching in violation of Evidence Rule 704(b).
Suarez v. State, No. 02A05-1106-PC-325, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
Strength of case against him and magnitude of benefit he received from his plea bargain were primary factors supporting conclusion prisoner would have entered his guilty plea even had defense counsel properly advised him of the potential for deportation.
Duncan v. The Greater Brownsburg Chamber of Commerce, Inc., No. 32A01-1109-CC-429,___ N.E.2d ___ (Ind. Ct. App., April 30, 2012).
In an action for breach of employment contract, damages for breach of notice provisions are limited to compensation for the notice period.