Re-fling of charges based on a crime involving the same victim, and when the defendant has yet to go to trial, does not prejudice the substantial rights of a defendant.
M. May
Bean v. State, No. 19A-CR-225, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2020).
A second or subsequent pat down search must by supported by specific and articulable facts that the suspect is armed and dangerous or incident to arrest.
C.J. v. State, No. 19A-JV-255, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2020).
Juvenile’s waiver of his Miranda rights was not knowing, intelligent, and voluntary because of his demonstrated lack of maturity, the fact that he was not advised of the crime and possible consequences, and his minimal consultation with a parent.
George v. State, No. 18A-CR-2300, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2020).
Convicting defendant of both Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor carrying a handgun without a license violates Indiana’s double jeopardy prohibition.
Girten v. State, No. 18A-CR-2252, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2019).
Defendant’s conviction for strangulation committed while engaging in a rape for which he was also convicted should have been vacated under the actual evidence test on double jeopardy grounds instead of the continuous crime doctrine.