When probationer admitted only his arrest for new offense but not of probable cause, and State did not present the probable cause affidavit or any other evidence of the new offense, revocation of probation violated probationer’s due process rights.
P. Mathias
Lovitt v. State, No. 73A05-0904-CR-229, __ N.E.2d __ (Ind. Ct. App., Nov., 2009)
Driver’s possession of marijuana in his pocket did not make his vehicle a common nuisance.
In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009
Trial court abused its discretion when it modified custody because of Mother’s relocation without considering all of the factors required by Indiana Code section 31-17-2.2-1(b).
Atteberry v. State, No. 49A02-0808-CR-705, __ N.E.2d __ (Ind. Ct. App., July 7, 2009)
Testimony that defendant’s DNA was found in a national database was not an impermissible reference to his criminal record.
Farmer v. State, No. 29A05-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., July 9, 2009)
Trial court’s reference in the presence of the jury to witnesses as “experts” was error but not reversible.