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.
M. May
Pinner v. State, No. 49A02-1511-CR-2036, __N.E.3d__ (Ind. Ct. App., Aug. 24, 2016).
Mere possession of a firearm, which is legal, cannot produce reasonable suspicion to justify a Terry stop.
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.