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Tuesday, February 21, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 15 NFP memorandum decision(s))

For publication opinions today (1):

In Otis Sams, Jr. v. State of Indiana , a 20-page opinion, Judge Mathias writes:

Otis Sams (“Sams”) was convicted in Putnam Circuit Court of Level 4 felony possession of methamphetamine. Sams appeals, challenging the warrantless search and seizure of the evidence against him. We conclude that the State did not carry its burden to show that the inventory search of Sams’s truck was sufficiently regulated; therefore, we reverse. * * *

For these reasons, we conclude that the search of Sams’s truck was not sufficiently regulated by standardized police procedures and therefore was pretextual. The vague, conflicting inventory regime of the GPD was not capable of sufficiently regulating the search, but even if it was, the officers’ major deviation from that regime gives rise to an inference of pretext confirmed by other evidence and not overcome by the State.

The trial court abused its discretion by ruling the contrary. All fruits of the inventory search of Sams’s truck were inadmissible. Because no admissible evidence supported Sams’s conviction for possession of methamphetamine, that conviction must be vacated. We therefore vacate Sams’s conviction and remand with direction to grant Sams’s motion to suppress and for any further proceedings required in accordance with this opinion. Reversed.

NFP civil decisions today (3):

Robert Schuyler v. Donna Schuyler (mem. dec.)

Timothy E. Strowmatt v. Keith Butts and Mike Smith (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of T.S., Mother, J.D.W., Father, and J.W., Minor Child, T.S. v. Indiana Department of Child Services (mem. dec.)

NFP juvenile and criminal decisions today (12):

Brian Eldridge v. State of Indiana (mem. dec.)

Larry Lillard v. State of Indiana (mem. dec.)

Kevin Sandifer v. State of Indiana (mem. dec.)

David L. Allen v. State of Indiana (mem. dec.)

John C. McClafferty v. State of Indiana (mem. dec.)

Lazaro Miranda, a/k/a Randall Izquierdo v. State of Indiana (mem. dec.)

Rodney Joe McGuire v. State of Indiana (mem. dec.)

Charles R. Whittington v. State of Indiana (mem. dec.)

Quincy D. Sullivan v. State of Indiana (mem. dec.)

Francisco Esparza-Hernandez v. State of Indiana (mem. dec.)

Brandon M. Gilbert v. State of Indiana (mem. dec.)

Ivan Gooden, Jr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 21, 2017 11:15 AM
Posted to Ind. App.Ct. Decisions