State’s evidence did not show officers had a reasonable belief sex offense suspect would destroy DNA evidence on his body, so that there were no exigent circumstances permitting the police to obtain DNA swabs from the suspect without first getting a search warrant.
M. Robb
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.
Utility Center, Inc. v. City of Fort Wayne, No. 90A04-1101-PL-1, ___ N.E.2d ___ (Ind. Ct. App., Jan. 13, 2012).
“[J]udicial review of an administrative determination of just compensation should be limited to the consideration of whether there is substantial evidence to support the agency’s finding and order and whether the action constitutes an abuse of discretion, is arbitrary, capricious, or in excess of statutory authority as revealed by the uncontradicted facts.”
Brent v. State, No. 34A04-1105-CR-268, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Marijuana found on street on passenger’s side of auto, where it may have been thrown from passenger’s window, coupled with driver’s suspicious behavior, was not sufficient to establish the passenger possessed the marijuana.
Lucas v. McDonald, No. 63A04-1010-PL-644, __ N.E.2d __ (Ind. Ct. App., Sept. 15, 2011).
Sex offender registration relief statute confers discretion on court to deny relief even though the court finds the petitioner has made the showings required by the remedy statute to qualify for relief or, in the absence of findings, even though the evidence in the record would support a decision the petitioner made the required showings.