Henderson v. State, No. 20A03-1102-PC-108, __N.E.2d__ (Ind. Ct. App., Aug. 29, 2011).

U.S. Supreme Court’s Gant, which did away with “brightline” rule allowing searches of passenger compartments at the time the driver was arrested even if driver was no longer within reaching distance of the vehicle, does not apply to a pre-Gant “brightline” search legal when made under the Court’s former New York v. Belton precedent.

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Alter v. State, No. 85A04-1101-CR-44, __ N.E.2d __ (Ind. Ct. App., Aug. 31, 2011).

After conservation officer had been shown subject’s fishing license, further detention for questions based on officer’s hunch subject might have put marijuana in his duffle was unsupported by reasonable suspicion and required suppression of marijuana subject produced on officer’s command to “give me your marijuana.”

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Feuston v. State, No. 38A02-1011-CR-1175, __ N.E.2d __ (Ind. Ct. App., Aug. 19, 2011).

Trial court has no duty to set a trial date when defendant absconds and fails to appear; Criminal Rule 4(C) one year did not begin to run until defendant’s notice of his incarceration in another county and request for trial were received by the trial court and the prosecutor; fact jail may have known of defendant’s presence in the other county was not attributable to court and prosecutor in this case.

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Bex v. State, No. 53A01-1008-CR-422, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2011).

Federal Constitution permits trial by a jury of five when a jury of six is provided for by law, without alternates by agreement, and, due to an emergency, a juror is excused; consent to trial by five under such circumstances may be given by counsel, as a matter of trial strategy.

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Perry v. State, No. 49A05-1012-CR-774, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2011).

Admission of hospital nurse’s record of statements assault victim made to nurse, including identity of attacker, did not violate either the hearsay rule or the Crawford Confrontation Clause rule.

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