An individual participating in a needle exchange program may be found guilty of possession of paraphernalia if he intended to use syringes for unlawful ends; however, to sustain a conviction for maintaining a common nuisance for the unlawful delivery of a controlled substance from a vehicle, the State must show that it has been used on more than one occasion for that purpose.
M. Bailey
Wilder v. State, No. 49A02-1706-CR-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 9, 2018).
Even though the underlying crime did not involve the use of a firearm, prohibiting defendant from possessing firearms during his probation period did not violate his right to bear arms under the state or federal constitutions
Gray v. County of Starke, Ind., No. 64A03-1703-PL-585, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2017).
“The excessive force objective reasonableness standard…may be instructive but does not provide a minimum threshold for termination of police employment when an allegation has been made that the officer violated an internal use of force rule.”
Walton v. State, No. 79A04-1604-CR-768, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2017).
A serious violent felon who possesses more than one firearm has committed more than one offense.
In re Paternity of G.G.B.W., No. 49A04-1611-JP-2474, __ N.E.3d __ (Ind. Ct. App., July 22, 2017).
When the Agreed Decree of Paternity requires that Child be vaccinated based on her school’s requirements and that Mother is in contempt for submitting the religious objection form to circumvent the parties’ agreement, there is a substantial change in Mother’s ability to communicate and cooperate with Father in advancing Child’s welfare and the trial court should modify legal custody of Child for the limited purpose of making medical decisions concerning vaccinations.