Even if a search warrant has been issued, forcing a person to unlock, and therefore disclose that contents of their cellphone, violates the Fifth Amendment right against self-incrimination.
Supreme
Gulzar v. State, No. 19S-XP-673, __ N.E.3d __ (Ind., Jun. 24, 2020).
Amended expungement statute, which clarifies that the “date of conviction” for a felony reduced to a misdemeanor is the date of the felony conviction, applies retroactively.
Gammons v. State, No. 20S-CR-22, __ N.E.3d __ (Ind., Jun. 26, 2020).
Criminal Pattern Jury Instruction 10.0300 dilutes the causal standard for self-defense; the instructional error was not harmless and case was remanded for a new trial.
State v. Ryder, No. 20S-CR-435, __ N.E.3d __ (Ind., Jun. 29, 2020).
Blood-draw search warrant application satisfied the filing requirement under Ind. Code § 35-33-5-2(a) because the signing judge’s uncontroverted certification that an affidavit had been delivered to her at the time of the warrant’s authorization established that the filing requirement had been satisfied.
River Ridge Dev. Authority v. Outfront Media, LLC, No. 19S-PL-645, __ N.E.3d __ (Ind., May 29, 2020).
“The common-law obdurate behavior exception and the General Recovery Rule cannot authorize a trial court to award attorney’s fees when a party voluntarily dismisses its suit with prejudice. But a court can, at any point in litigation, exercise its inherent authority to sanction a party’s bad behavior by shifting fees.”