State v. Arnold, No. 22A05-1408-CR-387, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).

Motion to set aside habitual offender enhancement should have been treated as a postconviction relief petition; trial court erred by vacating only the habitual enhancement, when the habitual enhancement was an integral part of the plea agreement’s disposition of charged offenses.

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In re S.A., __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2015).

“If multiple hearings are unavoidable, then the trial court should, if at all possible, refrain from adjudicating the child a CHINS until evidence has been heard from both parents. And if an adjudication is unavoidable before evidence has been heard from the second parent, then the trial court must give meaningful consideration to the evidence provided by the second parent in determining whether the child remains a CHINS.”

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Garcia v. State, No. 49A05-1402-CR-61, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).

Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.

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Esmond v. State, No. 56A05-1404-CR-163, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2014).

Defendant found incompetent to stand trial was not entitled to have counsel present during an insanity defense psychiatric examination by the State’s mental health expert.

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Withers v. State, No. 48A02-1403-CR-130, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2016).

In hearing to terminate drug court placement, trial court properly took judicial notice of notes of attendance reports in Drug Court file under Evidence Rule 201(b)(5), authorizing judicial notice of “records of a court of this state.”

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