Trial court was within its discretion to find that defendant was not “diligent” in pursuing belated appeal under P-C.R. 2, which is exclusive means to reinstate untimely appeal in criminal cases; relief under In re Adoption of O.R. (Ind. 2014) is limited to civil cases.
T. Crone
Rhodes v. State, No. 49A02-1503-CR-173, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
Blackmon v. State, No. 48A02-1505-CR-270, ___ N.E.3d ___ (Ind. Ct. App. Dec. 15, 2015).
Trial court did not err in denying Batson challenge, even though one of the State’s two race-neutral reasons for striking prospective juror was suspect and trial court did not specify which reason it found credible; under the “dual-motive” approach, the record showed the State would have exercised the strike even without the suspect reason.
Townsend v. State, No. 02A03-1503-CR-90, ___ N.E.3d ___ (Ind. Ct. App. Nov. 5, 2015).
Jury’s rejection of insanity defense was not contrary to law, when there was evidence that defendant’s mental state was due to voluntary intoxication rather than mental disease or defect.
Fox v. Bonam, No. 55A01-1503-PO-112, __ N.E.3d __ (Ind. Ct. App, Oct. 16, 2015).
The trial court erred in ordering the sheriff to seize firearms as part of a protective order between neighbors.