Guilmette v. State, No. 71A04-1205-CR-250, __ N.E.2 __ (Ind. Ct. App., Apr. 22, 2013).

April 25, 2013 | Volume 40 Issue 15 | Filed Under: Criminal | Tagged: ,

When authorities have taken an inmate’s clothing for inventory and safekeeping while he awaits trial, the Indiana Constitution requires that they must obtain a warrant to test the clothing regarding an unrelated, uncharged crime.

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Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).

July 5, 2012 | Volume 39 Issue 25 | Filed Under: Criminal | Tagged: ,

“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”

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Walters v. Austin, No. 20A04-1106-CT-342,___ N.E.2d ___ (Ind. Ct. App., April 18, 2012).

April 19, 2012 | Volume 39 Issue 15 | Filed Under: Civil | Tagged: , ,

The amended motion to correct error was a repetitive motion and so the filing of the amended motion did not change the date for filing the notice of appeal.

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Vankirk v. State, No. 29A02-1012-CR-1418, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).

October 7, 2011 | Volume 38 Issue 34 | Filed Under: Criminal | Tagged: ,

Modification of D felony operating while habitual traffic violator to A misdemeanor changes also provides that defendant’s driving privileges are suspended, not forfeited.

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Robinson v. State, No. 49A02-1101-CR-13, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).

October 7, 2011 | Volume 38 Issue 34 | Filed Under: Criminal | Tagged: ,

Probable cause affidavit with “multiple levels of hearsay” did not pass the “substantial trustworthiness” test required by a probation revocation subject’s confrontation right.

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