Evidence of controlled buy of cocaine from defendant, which was relied on to obtain the search warrant which produced the cocaine and marijuana on which charges were based, was “intrinsic” to the charged crimes and accordingly not barred by Evidence Rule 404(b).
E. Brown
M.B. v. J.C., No. 54A01-1309-JP-398, __ N.E.3d __ (Ind. Ct. App., May 22, 2014).
An adoption action was filed in another county after a paternity action had commenced; by statute, “[b]ecause the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of [the child].”
Cunningham v. State, No. 19A05-1310-CR-489, __ N.E.2d __ (Ind. Ct. App., Feb. 27, 2014).
When circumstances did not support a pat-down of stopped motorist, officer’s statement he would pat-down the motorist if the motorist chose to get out of the car was an ultimatum rather than a choice to which the motorist could consent.
Pietrowski v. State, No. 46A03-1306-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2014).
Defense motion to exclude intoxication evidence, based on argument legislation transferring Department of Toxicology from Indiana University to the State abrogated existing toxicology regulations and required adoption of new ones, was properly denied.
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.