A law enforcement officer initiating a traffic stop must be wearing a distinctive uniform and a badge of authority. A distinctive uniform is the specific design, color, and patches officially adopted by the governmental authority employing the police officer so as to inform the public that the person stopping them is, in fact, a police officer employed by that respective department.
R. Pyle
Plato v. State, No. 23A-PC-452, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2023).
A search warrant which authorizes law enforcement to search for “paperwork” related to a suspected crime, may include seizure of a computer.
Tyson v. State, No. 22A-PC-143, __ N.E.3d __ (Ind. Ct. App., Aug. 11, 2023).
A request for a change of judge pursuant to Indiana Post-Conviction Rule 1(4)(b) requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice. However, adverse rulings and findings by a trial judge from past proceedings with respect to a particular party are generally not sufficient reasons to believe the judge has a personal bias or prejudice.
Evans v. State, No. 22A-PC-220, __ N.E.3d __ (Ind. Ct. App., May 1, 2023).
A habitual offender adjudication must be based on proof that a defendant has accumulated two prior unrelated felony convictions, meaning that the commission, conviction, and sentencing on the first felony preceded the commission, conviction, and sentence on the second felony. A post-conviction petitioner who challenges his habitual offender determination must demonstrate that he was not a habitual offender under the habitual offender statute and that his various convictions did not in fact occur in the required order.
Wormgoor v. State Farm Mut. Auto Ins. Co., No. 21A-CT-2612, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2023).
A trial court has the discretion to award prejudgment interest upon a jury verdict, even when that amount exceeds a final judgment stipulated to by the parties.