Plaintiff’s status as an undocumented immigrant is relevant to a claim of lost earning capacity.
M. May
Hinton v. State, No. 49A04-1508-CR-1167, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).
Evidence that defendant had arrow “nocked” in his bow was sufficient to establish “endangers a person” element of B-misdemeanor public intoxication.
Miles v. State, No. 32A01-1412-CR-509, ___ N.E.3d ___ (Ind. Ct. App., Feb. 8, 2016).
Prosecutorial misconduct in closing-argument, showing slide highlighting defendant’s failure to produce evidence, was not fundamental error; trial court interrupted the slide and appropriately admonished the jury sua sponte, and defense did not move for mistrial.
Rhodes v. State, No. 49A02-1503-CR-173, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
Woods v. State, No. 20A03-1506-PC-688, ___ N.E.3d ___ (Ind. Ct. App. Dec. 29, 2015).
Post-conviction court erred in finding that defendant received effective assistance of trial counsel; there was no serious dispute that counsel (now deceased) had failed prior to trial to communicate a guilty-plea offer that would have reduced defendant’s sentence exposure to about half of what he actually received.