As two of Estrada’s string of five robberies were armed, and she was 16 when she committed them, they were not within the subject matter jurisdiction of the juvenile court in which she was adjudicated delinquent for the other three robberies, so even assuming the successive prosecution statute applies to delinquencies the two armed robberies were not offenses which “should have been charged” in the juvenile proceeding.
W. Garrard
Foster v. State, No. 02A03-1010-CR-596, __ N.E.2d __ (Ind. Ct. App., June 10, 2011)
Police had probable cause to believe contraband was in the residence, but a warrantless search violated the Indiana Constitution when “[t]wenty-one days had elapsed since the controlled buy, and there [wa]s no evidence that exigent circumstances called for an immediate arrest.”
Fisher v. Giddens, No. 48A02-1002-EU-197, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2010)
When limited partner bought annuity in the name of the limited partnership and then had it put in his own name for tax purposes, the annuity remained partnership property despite the name change.
Wilkerson v. State, No. 26A01-0909-CR-457, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2010)
Officers could permissibly stop a vehicle with windows so tinted the driver cannot be easily identified. A Pirtle warning is not required for pat-down searches for weapons.