“A complete review of Carpenter’s criminal history reveals that—although ample in number and clearly a recidivist—his crimes are of the type where a forty-year sentence is inappropriate.”
R. Shepard
Lewis v. State, No. 49S02-1010-CR-00619, __ N.E.2d __ (Ind., July 11, 2011).
There was no search when the traffic stop officer “needed to speak with the passenger and lowered his head down to her level” and, “[i]n the process, . . . saw a gun that was plainly visible between the driver’s seat and center console.”
Garcia-Torres V. State, No. 64S03-0912-CR-550, __ N.E.2d __ (Ind. June 30, 2011)
Defendant’s consent to the swab of his cheek for DNA was voluntary, so the swab did not violate the Fourth Amendment; further, a Pirtle advisement was not warranted before the swab was taken.
J.M. v. M.A., No. 20S04-1012-CV-676, __ N.E.2d __ (Ind., June 23, 2011)
Because the statutes are “explicit that in order for a court to rescind a paternity affidavit, paternity testing must exclude the man as the biological father,” “[t]he parties’ words or agreement amongst the parties cannot supplant the statutory requirements.”
Serrano v. State, No. 02S03-1104-CV-241, __ N.E.2d __ (Ind., Apr. 27, 2011)
Civil forfeiture evidence failed to establish by the required preponderance that the truck subject to the action had been used in furtherance of the driver’s drug possession or for the purpose of drug possession.