The Indiana Court of Appeals held that Aaron’s Law immunity requires the claimant to personally request emergency assistance and that a fact-based dismissal motion must include affidavits.
The Indiana Court of Appeals suppressed drugs found after officers facilitated a detection dog’s entry into a vehicle before probable cause existed.
The Indiana Court of Appeals reversed a probation revocation because the trial court failed to establish a knowing and intelligent waiver of counsel.
The Indiana Court of Appeals held that prolonged neglect supported an animal-cruelty conviction where a free surrender option was available despite inability to afford veterinary care.
The Indiana Court of Appeals held that a revocation petition gave adequate notice of the requested sanction and that consideration of a later, unalleged arrest did not require reversal.
The Indiana Supreme Court held that when the State proves the constitutionality of a search or seizure at a pretrial suppression hearing, it is not required to re-establish constitutional compliance at trial; courts assessing the stop’s validity may consider evidence from both the suppression hearing and the trial, and the exclusionary rule’s aims are fully served by requiring proof once.
The Indiana Court of Appeals reverses three Level 5 felony intimidation convictions, holding that DCS is a ‘governmental entity’ but not a ‘government’ under Indiana’s terrorism definition statute, and remands for entry of lesser-included misdemeanor convictions.
The Indiana Court of Appeals departs from nearly forty years of precedent, holding that the assisting a criminal statute does not require proof that the person assisted fled across state lines to qualify as a ‘fugitive from justice.’
The Indiana Court of Appeals holds that the State need not prove THC in a driver’s blood came from illegal marijuana rather than legal hemp to sustain vehicular homicide charges, rejecting both statutory and federal preemption arguments.
The Indiana Court of Appeals affirms a murder conviction after three trials, holding that the defendant tacitly consented to the mistrial that triggered retrials by failing to object during an off-the-record chambers discussion—foreclosing his double jeopardy defense. The court also upholds a 70-year sentence and a consecutive firearm enhancement under Indiana Code section 35-50-2-11.