Trial court’s comments disagreeing with the jury’s verdict were insufficient to taint the sentencing decision, and the sentence was not inappropriate given the nature of the crime and defendant’s demonstrated character
Supreme
Hardin v. State, No. 20S-CR-418, __ N.E.3d __ (Ind., Jun. 23, 2020).
Based on the high degree of law enforcement concern and moderate law-enforcement needs, both the Fourth Amendment and the Indiana Constitution, permit police, armed with a warrant to search a home, to search a vehicle located in the home’s curtilage when officers possess knowledge that the vehicle is either actually owned or under the control and dominion of the premises owner or resident or, alternatively, those vehicles which appear, based on objectively reasonable indicia present at the time of the search, to be so controlled.
Seo v. State, No. 18S-CR-595, __ N.E.3d __ (Ind., Jun. 23, 2020).
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.
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.