Although the inclusion of affirmation language in the jury instruction was not fundamental error, the best practice is for trial courts to redact such language from the pattern jury instructions.
A refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test.
Mere possession of a firearm, which is legal, cannot produce reasonable suspicion to justify a Terry stop.
Defendant was not deprived due process when the media was allowed to tweet live updates of his criminal trial from the courtroom.
Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.