Defendant serving sentences in multiple jurisdictions is entitled to presentence credit for actual time served, and good time credit for the time he spent in Indiana awaiting trial on the Indiana charges.
M. May
Neal v. IAB Financial Bank, No. 02A03-1604-CT-1002, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2017).
A Good Samaritan who helps a stranded motorist does not have a duty to a motorist harmed by the formerly stranded motorist after aid was rendered.
S.S. v. State, No. 49A05-1605-JV-1070, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2017).
Even though juvenile defendant agreed to make restitution as part of the admission agreement, the juvenile court abused its discretion when it ordered him to pay restitution after it determined he did not have the ability to pay.
Watkins v. State, No. 82A01-1510-CR-1624, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2017).
Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.
Anderson v. State, No. 49A02-1511-CR-1947, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2016).
Handgun found in coat pocket of a coat removed when defendant stepped out of his car was improperly admitted into evidence because search was not lawful as incident to arrest or as an inventory search.