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Monday, June 22, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 0 NFP memorandum decisions)

For publication opinions today (2):

In K.K. v. State of Indiana, a 15-page opinion, Judge Kirsch writes:

K.K., a juvenile, brings this appeal after he was adjudicated a delinquent child for having committed the offense of dangerous possession of a firearm, a Class A misdemeanor. He raises one issue that we restate as: whether the odor of burnt marijuana emanating from a vehicle in which K.K. was a passenger provided probable cause for officers to arrest the car’s three occupants, such that the loaded handgun found during the subsequent search of K.K. was properly admitted into evidence. * * *

Finding as we do that the arrest was supported by probable cause, the trial court did not abuse its discretion by allowing the firearm to be admitted into evidence because it was discovered pursuant to a lawful search incident to K.K.’s arrest. Affirmed.

In Eric D. Smith v. State of Indiana, a 9-page opinion, Judge Brown writes:
Eric D. Smith, pro se, appeals the trial court’s denial of his motion for relief from judgment and his petition for post-conviction relief. Smith raises two issues which we revise and restate as:
I. Whether the trial court abused its discretion in denying his motion for relief from judgment; and
II. Whether the trial court abused its discretion in denying his petition for post-conviction relief.
We affirm.
NFP civil decisions today (0):

NFP criminal decisions today (0):

Posted by Marcia Oddi on June 22, 2015 11:02 AM
Posted to Ind. App.Ct. Decisions