« Ind. Gov't. - Appraisal/assessment of big box stores remains a big issue | Main | Law "What Are the Limits of ‘Religious Liberty?’" »

Tuesday, July 07, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 7 NFP memorandum decisions)

For publication opinions today (2):

In Bryan A. Cox v. State of Indiana, a 6-page opinion, Judge Baker writes:

Bryan Cox appeals from the sentence enhancement imposed as a result of his Habitual Offender adjudication. Cox argues that the doctrine of amelioration applies and that the habitual offender statute that became effective on July 1, 2014 should have been applied at his sentencing. Finding no error, we affirm. * * *

In the instant case, Cox’s crime was committed before, and all proceedings began before, the effective date of the amended habitual offender statute. In addition, it is clear that the legislature did not intend the doctrine of amelioration to apply. Therefore, Cox’s argument fails.

In Christopher Wertz v. State of Indiana, a 21-page opinion, Judge Robb writes:
Christopher Wertz brings this interlocutory appeal, challenging the trial court’s denial of his motion to suppress. He presents one issue, which is a matter of first impression: whether the warrantless search of his personal Garmin Global Positioning System (“GPS”) device violated the Fourth Amendment to the United States Constitution.1 We conclude Wertz’s GPS device is not a “container” under the automobile exception and that he has a reasonable expectation of privacy in the device and its contents. Therefore, the warrantless search of the GPS device violated the Fourth Amendment. * * *

We conclude Wertz’s GPS device cannot be treated as a “container” under the automobile exception. We further conclude that he has a reasonable expectation of privacy in the device and in the historical location data that the device stores. Therefore, the warrantless search of the GPS device violated the Fourth Amendment. We reverse and remand.

NFP civil decisions today (2):

Peter D. Nugent v. Phyllis N. Nugent (mem. dec.)

Scott Meisberger, d/b/a Meisberger Construction v. D. Brent Hanger and Gregory Bishop d/b/a H & B Enterprises, Inc. (mem. dec.)

NFP criminal decisions today (5):

Clemmeth and Janis Leach v. State of Indiana (mem. dec.)

Scott Huy v. State of Indiana (mem. dec.)

Herbert Cox III v. The State of Indiana (mem. dec.)

John Wesley Kimbrough, Jr. v. State of Indiana (mem. dec.)

Vincent D. Quarles Jr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 7, 2015 10:51 AM
Posted to Ind. App.Ct. Decisions