Terry pat-down search could not be conducted under the facts of the case.
P. Riley
Metzger v. State, No. 02A03-1307-CR-295, __ N.E.3d __ (Ind. Ct. App., Mar.31, 2014).
When a blood draw warrant had been issued for a driver who had refused a breath test, the driver’s refusal to cooperate with the blood draw was properly found to be indirect criminal contempt.
Morgan v. State, No. 49A02-1304-CR-386, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
“Annoys” as used in the public intoxication offense is unconstitutionally vague.
Aslinger v. State, No. 35A02-1303-CR-296, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”
A.N. v. K.G., No. 49A04-1212-PO-649__ N.E.2d __ (Ind. Ct. App., Jan. 21, 2014).
The trial court did not improperly act as an advocate in protective order proceedings.