While there is not always a reasonable probability that the result of a proceeding would be different, failure of trial counsel to thoroughly investigate evidence of an alternative suspect is deficient performance.
M. May
Tigner v. State, No. 19A-CR-1478, __ N.E.3d __ (Ind. Ct. App., Mar. 18, 2020).
Presence alone, without more, in a house where drugs are found, does not provide sufficient probable cause to arrest a person for visiting a common nuisance.
Tyrie v. State., No. 19A-CR-692, __ N.E.3d __ (Ind. Ct. App., Mar. 12, 2020).
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.
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.