rial court abused its discretion in finding that defendant’s violation warranted serving the entirety of the remaining portion of his executed sentence in the DOC due to the level of his limited functioning and financial resources, his previous successful placement on work release, the nature of the violation, and the severity of the court’s sentence.
E. Brown
Love v. State, No. 71A03-1511-CR-2009, __N.E.3d__ (Ind. Ct. App., Sept. 8, 2016).
Deference will be given to the trial court’s factual determinations unless police video recording indisputably contradicts those findings.
Pinner v. State, No. 49A02-1511-CR-2036, __N.E.3d__ (Ind. Ct. App., Aug. 24, 2016).
Mere possession of a firearm, which is legal, cannot produce reasonable suspicion to justify a Terry stop.
Hubbell v. State, No. 03A01-1511-PC-1927, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
Trial court is required to order copy of Record of Proceedings from Supreme Court Clerk when requested by pro se petitioner for post-conviction relief.
Cherry v. State, No. 49A02-1505-CR-340, ___N.E.3d___ (Ind. Ct. App., July 27, 2016).
Pursuant to Ind. Evidence Rule 617(a)(3), the trial court properly admitted statements made to arresting officers during the custodial interrogation when recording equipment malfunctioned or failed to operate.