By operation of law, defendant’s guilty plea to B-felony criminal deviate conduct rendered him SVP with lifetime registration; DOC therefore properly classified him as such, despite trial court’s erroneous statements that he was required to register for only ten years and was not an SVP.
E. Brown
Burnell v. State, No. 29A02-1412-CR-849, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though her words had expressed reluctant agreement to be tested.
Stanke v. Swickard, No. 29A02-1412-DR-862, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2015).
Defendant’s due process rights were violated and the trial court erred in finding defendant in contempt when the motion for contempt citation did not contain detailed factual allegations, clearly and distinctly set forth the facts alleged to constitute contempt, or specify with reasonable certainty the time and place of the facts supporting the allegations of contempt.
In re D.B., No. 49A02-1501-JC-48, __ N.E.3d __ (Ind. Ct. App., Sept. 2, 2015).
Child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
Washington v. State, No. 49A02-1405-CR-306, ___ N.E.3d ___ (Ind. Ct. App., Aug. 20, 2015).
Under recent SCOTUS decision in Rodriguez v. U.S., defendant’s traffic stop was not unreasonably extended by drug-dog sniff or by officer’s questions.