Police officer had reasonable basis to believe that medical assistance was needed or defendant was in danger so that warrantless entry into vehicle was constitutionally permissible.
M. Massa
ESPN, Inc. v. University of Notre Dame Police Dept., No. 71S05-1606-MI-359, __N.E.3d__ (Ind., Nov. 16, 2016).
A private university police department is not a “public agency” for the purposes of the Access to Public Records Act.
Lewis v. State, No. 45S00-1601-LW-32, __ N.E.3d __ (Ind., Oct. 4, 2016).
The imposition of a sentence of life without parole was reversible error by the trial court because the sole aggravating factor supporting the sentence was not determined by the trier of fact beyond a reasonable doubt during the penalty phase. The Supreme Court concurred with defendant’s initial request, and in the interests of judicial economy, exercised their appellate prerogative and resentenced him to a total term of 88 years.
Clippinger v. State, No. 71S00-1501-LW-950 , __ N.E.3d __ (Ind., June 28, 2016).
The legislature intended a sentence of life imprisonment without possibility of parole to fit within the definition of a “term of imprisonment” and when imposing such a sentence the trial court must make certain specific findings.
Pattison v. State, No. 27S05-1603-CR-115 , __ N.E.3d __ (Ind., June 22, 2016).
When jury instruction did not shift the State’s burden of proof, there is no error so fundamental as to preclude a fair trial.