Smell of burnt marijuana, observed during exigent-circumstance entry into apartment, did not provide probable cause for search warrant when officer did not explain why he concluded smell was not from neighboring apartment; and seizure of key fob for vehicle where large bundles of marijuana were found exceeded scope of warrant’s authorization for “indicia of occupancy, residency or ownership.” State failed to prove K-9 sniff of vehicle would have been conducted independent of the tainted evidence. Because bundles of marijuana were poisoned fruit and should have been suppressed, conviction was reversed.
M. Robb
Lorenz v. Anonymous Physician #1, No. 28A01-1501-CT-50, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2016).
Because the alleged negligence took place before plaintiff filed for bankruptcy, the cause of action was an asset of his bankruptcy estate and the bankruptcy trustee was the real party in interest for purposes of prosecuting the action. Plaintiff’s bankruptcy was reopened and the bankruptcy trustee was substituted as plaintiff on the proposed complaint.
State v. Hargrave, No. 82A01-1504-CR-137, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2016).
A person who holds a CDL license at the time of committing a traffic violation may not participate in a diversion program or have judgment deferred on that conviction.
State v. Mooney, No. 82A04-1505-CR-266, ___ N.E.3d ___ (Ind. Ct. App., Feb. 4, 2016).
BMV was not entitled to relief from judgment letting OWI defendants reinstate drivers’ licenses without proof of SR22 insurance; regardless of merits of the order, BMV failed to make threshold showing of mistake, surprise, or excusable neglect.
Kunberger v. State, No. 02A03-1505-CR-304, ___ N.E.3d ___ (Ind. Ct. App. Dec. 2, 2015).
Convictions by open guilty plea for criminal confinement, strangulation, and domestic battery did not violate double jeopardy under the actual evidence test. Defendant could not show that all three offenses were based on a single act of strangulation, because his factual basis admitted only the bare elements of each offense, and facts in the probable cause affidavit showed a time span and course of conduct that could have provided separate and distinct facts for each offense.