Probation condition for supervision by community corrections “with determination of appropriate conditions to be made by” community corrections was not an improper delegation of authority to decide whether probationer should be subject to electronic monitoring.
P. Riley
Elvers v. State, No. 34A02-1404-CR-239, __ N.E. 3d __ (Ind. Ct. App., Dec. 17, 2014).
Because the dealing in a synthetic drug offense prohibits dealing in a synthetic substance “in any pure or adulterated form,” a single charge of dealing in the synthetic substance JWH-122 should have been used rather than separate dealing charges for each brand name of “spice” product containing the synthetic substance JWH-122.
Campbell v. State, No. 89A04-1312-CR-634, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2014).
When defendant violated terms of plea agreement by refusing to testify against co-defendants, the State was properly permitted to withdraw from the agreement despite its having been accepted by the trial court.
Gyamfi v. State, No. 30A01-1311-CR-487, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Applies prior holding that the “attenuation doctrine” of Fourth Amendment law does not apply under the Indiana Constitution; majority opinion concludes that the Fourth Amendment inevitable discovery doctrine does not apply under the Indiana Constitution, but concurring panel members conclude instead that inevitable discovery could apply under the Indiana Constitution but that the State failed to show an inevitable discovery.
Lucas v. State, No. 03A01-1309-CR-389, __ N.E.3d __ (Ind. Ct. App., Aug. 14, 2014).
Officer’s taking expired license suspect into patrol car to “review the information and decide what we were going to do,” when review could have been conducted by the side of the suspect’s auto, impermissibly expanded scope of an investigatory stop without justification.