Search warrant was erroneously issued, as the application did not establish the informant’s reliability, and the good faith exception could not save the search
C. Darden
Moss v. State, No. 49A02-1307-CR-618, __ N.E.3d __ (Ind. Ct. App., Mar. 20, 2014).
When defendant had his prior felony conviction reduced to a misdemeanor, after he was charged in this case with C felony handgun without a license based on the prior felony, his motion to dismiss the C felony should have been granted even though he had the prior felony conviction when the handgun offense was committed.
Guilmette v. State, No. 71A04-1205-CR-250, __ N.E.2 __ (Ind. Ct. App., Apr. 22, 2013).
When authorities have taken an inmate’s clothing for inventory and safekeeping while he awaits trial, the Indiana Constitution requires that they must obtain a warrant to test the clothing regarding an unrelated, uncharged crime.
Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).
“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”
Walters v. Austin, No. 20A04-1106-CT-342,___ N.E.2d ___ (Ind. Ct. App., April 18, 2012).
The amended motion to correct error was a repetitive motion and so the filing of the amended motion did not change the date for filing the notice of appeal.