The statute prohibiting individuals convicted of certain sex crimes from entering school property is unconstitutional as applied to defendant because it amounts to retroactive punishment in violation of the Ex Post Facto Clause.
C. Bradford
Stafford v. State, No. 49A05-1609-CR-2012, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
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.
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.