Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.
M. May
Tharp v. State, No. 49A02-0905-CR-394, __ N.E.2D __ (Ind. Ct. App., Feb. 18, 2010)
Evidence the protected person or another layperson told the defendant there was a protective order against him does not suffice to prove the protective order knowledge element in the invasion of privacy offense.
Nunley v. State, No. 31A01-0902-CR-88, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2009)
Child’s statement did not have sufficient indicia of reliability to be admissible under the protected persons statute.
Koenig v. State, No. 42A04-0903-CR-146, __ N.E.2d __ (Ind. Ct. App., Oct. 30, 2009)
Defendant’s trial objection on hearsay and foundational grounds sufficed to preserve the Confrontation Clause argument he wished to raise on appeal.
Miller v. State, No. 09A02-0812-CR-1133, __ N.E.2d __ (Ind. Ct. App., Oct. 30, 2009)
Reverses for “demonstrative” use of video in final argument, when video was not in evidence and would have probably been inadmissible, was prejudicial, and pertained only to an undisputed issue.