Owner’s voluntary surrender of neglected animals precluded use of statute requiring payment to a shelter for care of impounded animals, but payment for animals’ care was properly ordered under the general restitution statute.
M. Bailey
Tiplick v. State, No. 49A04-1312-CR-617, __ N.E.3d__ (Ind. Ct. App., Jan. 27, 2015).
The dealing in a synthetic drug and possession of a synthetic drug offenses, as in effect in 2012, are unconstitutionally vague.
N.S. v. State, No. 49A05-1407-JV-338, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2015).
Illegal search of car passenger’s backpack was a “lead” which produced testimony of driver about his prior knowledge of the backpack’s contraband contents, so that the driver’s testimony was “fruit of the poisonous tree” and should have been suppressed.
Bookwalter v. State, No. 79A01-1402-CR-69, __ N.E.3d __ (Ind. Ct. App., Dec. 9, 2014).
One who possesses a syringe with intent to inject heroin does not commit the Legend Drug Act offense of possession of a syringe.
Holmes-Bey v. State, No. 33A05-1406-MI-290, __ N.E.2d __ (Ind. Ct. App., Nov. 20, 2014).
Because inmate’s petition sought review of a prison disciplinary sanction, rather than alleging a violation of his constitutional rights, the trial court had no authority to hear the petition and its dismissal was required.