Friday, January 08, 2010
Ind. Decisions - One case granted transfer Jan. 7th
The Clerk's transfer list should be available hopefully by Monday. Meanwhile, the ILB has just received notice that transfer was granted today in the following case:
- State of Indiana v. James S. Hobbs (19A01-0904-CR-187 19S01-1001-CR-10) - See the ILB summary of the Oct. 29, 2009 COA opinion here. From the opinion:
The State appeals from the trial court's sua sponte order excluding from evidence fruits of a warrantless search of James S. Hobbs IV's (“Hobbs”) vehicle and the subsequent dismissal of the charges of possession of marijuana and possession of paraphernalia, both as Class A misdemeanors, filed as a result of that search against Hobbs. The State presents the following restated issue for our review: whether the trial court erred by finding that the warrantless search of Hobbs' vehicle, conducted subsequent to his arrest inside his place of employment on an outstanding felony warrant, violated Hobbs' constitutional right to be free from unreasonable search and seizure both under the Fourth Amendment to the United States Constitution and Article 1, section 11 of the Indiana Constitution. We reverse.
Posted by Marcia Oddi on January 8, 2010 02:35 PM
Posted to Indiana Transfer Lists