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Thursday, May 21, 2009

Ind. Decisions - One case granted transfer May 21st

The Clerk's transfer list should be available sometime Monday. Meanwhile, the ILB has received notice that transfer has been granted today by the Supreme Court in the case of State of Indiana v. Allan M. Schlechty (NFP), a 2-1 opinion decided by the COA on Feb. 12th, where CJ Baker wrote:

Appellant-plaintiff State of Indiana (State) appeals the trial court’s grant of appellee-defendant Allan M. Schlechty’s motion to suppress. Specifically, the State argues that the trial court erred in granting Schlechty’s motion because the evidence established that the probation officer who conducted the search had reasonable suspicion to believe that Schlechty violated the conditions of his probation. Therefore, the State maintains that the search was justified as a “valid probation search” and drugs that were seized from Schlechty’s vehicle are admissible at trial. Appellant’s Br. p. 7. Finding no error, we affirm the judgment of the trial court.

Posted by Marcia Oddi on May 21, 2009 02:21 PM
Posted to Indiana Transfer Lists