Detectives’ entry of blocked driveway violated the Indiana Constitution, Article 1, Section 11 protection against unreasonable searches.
P. Mathias
Esmond v. State, No. 56A05-1404-CR-163, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2014).
Defendant found incompetent to stand trial was not entitled to have counsel present during an insanity defense psychiatric examination by the State’s mental health expert.
Marley v. State, No. 15A01-1403-CR-127, __ N.E.3d __ (Ind. Ct. App., Sept. 11, 2014).
Based on legislative policy in savings clauses for new penal code, determines not to consider new code penalties in evaluating appropriateness of sentence under Appellate Rule 7(B).
Miller v. Federal Express, Corp., No. 49A02-1307-PL-619, __ N.E.3d __ (Ind. Ct. App., April 4, 2014)
Defendants were immune from suit under the federal Communications Decency Act as “providers of an interactive computer service.”
Mesa v. State, No. 36A01-13080MI-362, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2014).
Summary judgment procedure applies to forfeiture actions.