Mere possession of a firearm, which is legal, cannot produce reasonable suspicion to justify a Terry stop.
M. May
Lacy v. State, No. 18A04-1510-CR-1757, __N.E.3d__ (Ind. Ct. App., August 16, 2016).
The “lawful purpose” exception in the identity deception statute at Ind. Code § 35-43-5-3.5 is an affirmative defense and not a material element of the crime.
State v. Smith, No. 45A05-1507-CR-945, ___N.E.3d___ (Ind. Ct. App., Aug. 2, 2016).
Trial court had authority to convert felony conviction to a misdemeanor; the terms of the plea agreement do not preclude the conversion because the parties could not have contemplated a misdemeanor conversion when it was entered.
Humphrey v. State, No. 48A02-1508-PC-1238, __N.E.3d__ (Ind. Ct. App., June 23, 2016).
Even twenty years after conviction, relief may be granted when trial counsel’s assistance was ineffective.
Barany v. State, No. 17A04-1510-CR-1734, __ N.E.3d __ (Ind. Ct. App., May 4, 2016).
Trial court properly denied defendant’s request for return of the firearm used to commit murder; defendant cannot profit from sale of murder weapon.