County did not have third-party standing to sue on behalf of its residents.
M. Massa
Leonard v. State, No. 02S00-1604-LW-185, __ N.E.3d __ (Ind., Aug. 11, 2017).
In the Richmond Hill explosion murder case, the evidence was sufficient to support the murder convictions and the statutory aggravator; the trial court properly refused to include the lesser-included jury instruction; and, Indiana’s life without parole statute is constitutional.
McGuire v. State, No. 09S02-1707-CR-491, __ N.E.3d __ (Ind., July 21, 2017).
Trial court must resentence defendant who was sentenced to forty years imprisonment after entering a guilty plea to one count of felony child molesting when the correct statutory sentencing range was twenty to fifty years, not thirty to fifty years.
Jacobs v. State, No. 49S02-1706-CR-438 , __ N.E.3d __ (Ind., June 29, 2017).
State has the burden to demonstrate the reasonableness of a warrantless search in light of three factors: 1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on a citizen’s ordinary activities, and 3) the extent of law enforcement needs.
Humphrey v. State, No. 48S02-1609-PC-480, __ N.E.3d __ (Ind. Ct. App., May 5, 2017).
Post-conviction relief due to ineffective assistance of counsel was granted fifteen years after murder conviction affirmed on appeal and not barred by the doctrine of laches.