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| Baber v. State, No. 29S04-0601-CR-0005,
SUPREME COURT OF INDIANA, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Because a trial court enhanced defendant's sentence by using both aggravating factors that under Blakely had to be found by a jury and aggravating factors that did not, defendant's sentence was reversed and the case was remanded for a new sentencing hearing.
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| Benford v. Marvel, No. 84A01-0507-CV-297,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Pursuant to Ind. Code § 11-3-3-10(a)(1), the inmate, who remained in jail on a parole violation warrant, was not entitled to a parole revocation hearing; the time within which the Indiana Parole Board had to provide the inmate with a probation revocation hearing had not expired, and he was not entitled to immediate release.
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| Covington v. State, No. 49S00-0501-CR-2,
SUPREME COURT OF INDIANA, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Trial court gave adequate consideration to mitigating circumstances in assigning defendant life without parole, Ind. Code Ann. § 35-50-2-9, as aggravators outweighed mitigators and mental condition was not determinate. Evidence about defendant's low risk of recidivism was insufficient. Life without parole statute did not violate Sixth Amendment.
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| Love v. State, No. 85A02-0507-CR-652,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: In robbery case, based on a tip and independent identifications of defendant, police had articulable suspicion to justify search of defendant's trash. Based on evidence of drugs in trash, warrant was based upon probable cause. Thus, under Fourth Amendment and Ind. Const. art. I, § 11, evidence discovered during execution of warrant was admissible.
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| State v. Quirk, No. 30S01-0410-CR-458,
SUPREME COURT OF INDIANA, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Evidence seized was tainted and was properly suppressed because troopers' detention of defendant beyond period necessary to issue warning ticket was unreasonable under Ind. Const. art. I, § 11 as, inter alia, nervousness alone would not support detention, and defendant's failure to be forthright about his criminal past was not particularly unusual.
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| Taylor v. State, No. 49S04-0410-CR-457,
SUPREME COURT OF INDIANA, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Impoundment of defendant's car was not warranted as it was not reasonable for officers to believe that impoundment of car was consistent with objective standards of sound policing, or that car posed some threat or harm to the community; thus, trial court erred in denying the motion to suppress an inventory search conducted after car was impounded.
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| Burkes v. State, No. 48A02-0507-CR-608,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Police properly stopped defendant, Fourth Amendment, where, although an anonymous tip relating that he had a gun and was selling drugs was insufficient standing alone, the tip combined with the fact that he was in the immediate vicinity of a person who had an outstanding warrant, and that he fled, gave rise to reasonable suspicion.
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| Calhoon v. State, No. 49A02-0507-CR-633,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Evidence was insufficient to sustain a burglary conviction, Ind. Code § 35-43-2-1, where the complainant's fence surrounded only three sides of its property, and there was no evidence suggesting that defendant climbed over the fence, squeezed through an opening, or used even the slightest force to gain entry to the property.
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| Johnson v. State, CAUSE NO. 49A02-0410-CR-901,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 15, 2006, Decided
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