The “community caretaking function of police officers may apply to justify a traffic stop where the officer does not otherwise observe a traffic violation or have a reasonable suspicion that criminal activity is afoot,” but did not apply in this instance.
P. Riley
Belork v. Latimer, No. 75A04-1503-MI-100, __ N.E.3d __ (Ind. Ct. App., May 5, 2016).
“[A]djoining parcel owners can treat a fence not initially constructed on the true property line between their parcels as a partition fence, and in that circumstance the fence will be considered a partition fence for purposes of the maintenance and repair requirements and cost-sharing provisions of the partition fence statute.”
Daugherty v. State, No. 89A01-1510-PC-1532, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Consecutive sentences for two counts of SVF in possession of a firearm did not constitute a double enhancement,; but they exceeded the statutory cap for a “single episode of criminal conduct.”
Hill v. State, No. 20A03-1507-CR-907, ___ N.E.3d ___ (Ind. Ct. App., Feb. 25, 2016).
Trial court was within its discretion to exclude alleged domestic-battery victim who had recanted her accusation as a defense witness. Error was invited by defendant’s insistence on calling witness, despite State’s and court’s repeated cautions.
Abernathy v. Gulden, No. 45A03-1503-MI-73, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2015).
Ind. Code § 9-30-10-4(e), requiring the BMV to use the dates of the offenses rather than the dates of the judgments in determining a person’s status as a HTV, is a procedural amendment which does not violate the ex post facto clauses of the Indiana and United States Constitutions.