Defendant is permitted to stipulate to his status as a felon in a trial for unlawful possession of a firearm by a serious violent felon. When a passenger in an automobile is arrested on a warrant, search of the passenger compartment is permissible under both the Indiana and federal constitutions, based on suspicious behavior and/or admission by the passenger of ownership of contraband in the passenger side of the vehicle.
C. Bradford
Clark v. Mattar, No. 19A-CT-380, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2019).
Trial court abused its discretion in denying for-cause challenge to juror who indicated that he would be unable to sit on a jury asked to determine damages for non-economic loss, which plaintiff was seeking.
Pinch-N-Post, LLC v. McIntosh, No. 19A-TP-239, __ N.E.3d __ (Ind. Ct. App., Aug. 27, 2019).
The proper remedy for an inadequate tax sale redemption notice [Ind. Code § 6-1.1-25-4.5] is ordering a new 120-day redemption period.
Smith v. State, No. 18A-CR-3009, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The State failed to establish police officer’s decision to impound defendant’s vehicle adhered to established departmental routine or regulation. While evidence of the department’s written procedure need not be introduced, more than conclusory testimony from an officer is required.
Cleveland v. State, No. 18A-CR-2298, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
Trial court could not order the destruction of defendant’s handgun for the mere possession of it, but it also could not order its return when he lacked a license to carry.