Trial court must hold an indigency hearing before imposing a public defender fee, probation fee, or drug and alcohol treatment fee.
P. Mathias
State v. Pitchford, No. 49A04-1512-CR-2173, __N.E.3d__ (Ind. Ct. App., July 29, 2016).
Mathias, J. The State of Indiana appeals the order of the Marion Superior Court granting a motion filed by Dejon Pitchford (“Pitchford”) to suppress evidence discovered as a result of a warrantless strip search of Pitchford in jail. The State claims that the trial court erred in concluding that the search of Pitchford was impermissible […]
Hill v. Gephart, No. 49A02-1509-CT-1288, __ N.E.3d __ (Ind. Ct. App., May 6, 2016).
Although proof of the violation of a safety regulation creates a rebuttable presumption of negligence, it is a question for the jury whether the violation may be excused or justified because the actions might be reasonably expected by a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law.
Grayson v. State, No. 49A05-1505-CR-350, ___ N.E.3d ___ (Ind. Ct. App., March 8, 2016).
Anonymous tip of individual in silver or gray car waving a gun in apartment parking lot provided reasonable suspicion for investigatory stop of defendant, who was in the only occupied silver car in the parking lot; officer’s observations then gave probable cause for search.
State v. Hancock, No. 39A05-1506-CR-633, ___ N.E.3d ___ (Ind. Ct. App. Jan. 22, 2016).
Elements of Ohio residential burglary offense were not “substantially similar” to Indiana offense, and therefore did not establish serious violent felon (SVF) status.