Evidence of drug involvement, and whether the suspect and officer are in a confined space, are both part of the totality of the circumstances contributing to an officer’s reasonable belief that a subject is armed and dangerous as to permit a Terry frisk.
Supreme
K.C.G. v. State, No. 20S-JV-263, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2020).
Juvenile Court lacked subject-matter jurisdiction when it adjudicated juvenile as a delinquent child for dangerously possessing a firearm, an act that would not be an offense if committed by an adult.
Ind. Land Trust Co. v. XL Investment Properties, LLC, No. 20S-MI-62, __ N.E.3d __ (Ind., Oct. 27, 2020).
Auditor gave adequate notice reasonably calculated to inform property owner of the impending tax sale of the property by first sending notice by first class and certified mail to the address listed on the deed for the property, and then publishing notice. The auditor was not required to search its internal records for a better tax sale notice address.
Watson v. State, 20A-CR-1142, __ N.E.3d __ (Ind., Oct. 21, 2020).
While Criminal Rule 4(C) does not apply to habitual-offender retrials, the constitutional right to a speedy trial does.
Brown v. Ind. Dept. of Environmental Management, No. 20S-MI-609, __ N.E.3d __ (Ind., Oct. 21, 2020).
Vacates the portion of the Court of Appeals decision that makes the broad statement that law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.”