Opinions Aug. 14, 2017

August 14, 2017

Indiana Supreme Court
Corey McAlpin v. State of Indiana
Criminal. Affirms Corey McAlpin’s enhanced conviction of Level 4 felony dealing in methamphetamine. Finds the evidence is sufficient to support McAlpin’s enhanced conviction and the jury was in the best position to analyze the “reasonably expected” standard based on the evidence it heard at trial.

Indiana Court of Appeals
Derrick R. Burt v. State of Indiana (mem. dec.)
Criminal. Reverses the Madison Circuit Court’s interlocutory order denying Derrick Burt’s motion to suppress evidence. Finds the testimony presented by detective Jake Brooks to support the issuance of the search warrant lacked sufficient indicia of probable cause, so the warrant was invalid under the Fourth Amendment. Also finds the good-faith exception is inapplicable because Brooks’ reliance on the validity of the warrant was not objectively reasonable. Remands for further proceedings.

Walter White v. State of Indiana (mem. dec.)
Criminal. Affirms Walter White’s conviction for Level 2 felony kidnapping. Finds any error in the admission of the show-up identification was harmless. Also finds the evidence is sufficient to sustain White’s conviction.

State of Indiana v. Benjamin Bracewell (mem. dec.)
Criminal. Affirms and reverses in part the Jackson Circuit Court’s grant of Benjamin Bracewell’s motion to suppress cash, key cards, marijuana, a handgun, methamphetamine and scales found during his encounter with police, as well as statements he made to the police. Finds the trial court properly suppressed the marijuana cigarette found on the ground, the cash and key cards found on Bracewell and Bracewell’s statements. Also finds the trial court erred in suppressing the gun, methamphetamine and scales found in the stairwell. Remands for further proceedings.