County is responsible for paying the costs of its probation officers’ legal defense that are incurred in the performance of the officers’ duties.
P. Mathias
Bunnell v. State, 20A-CR-981, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2020).
When probable cause for a search warrant is premised solely on law enforcement’s detection of the odor of raw marijuana, the assertion must be based on more than personal belief: the affiant–officer must provide some information about the detecting officers’ relevant “training” or “experience” that led to the ultimate conclusion.
Spencer v. State, No. 20A-MI-636, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2020).
To be a sexually violent predator as defined by Indiana Code Section 35-38-1-7.5, a defendant must have committed a crime that is substantially equivalent to the offenses listed in subsections (A) through (J) of the statute, and for child molesting “as a…Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014)[.]”
Wahl v. State, No. 19A-CR-2258, __ N.E.3d __ (Ind. Ct. App., May 12, 2020).
Video reenactment may be taken with consent and questions during such reenactment due not amount to custodial interrogation where the officer’s inquiry is merely general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.
Hoskins v. State, No. 19A-CR-2387, __ N.E.3d __ (Ind. Ct. App., Mar. 6, 2020).
A claim that a defendant did not knowingly or intelligently waive his right to counsel in a case disposed of by a guilty plea must be raised on post-conviction review and not on direct appeal.