Opinions June 10, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday.
State of Indiana v. Axel Domingo Diego
21S-CR-285
Criminal. Grants transfer and reverses and remands the Cass Circuit Court’s order to suppress statements made by defendant Axel Domingo Diego during a police interrogation. Finds that the totality of objective circumstances surrounding the interrogation would make a reasonable person feel free to end the questioning and leave. Thus, finds the limited curtailment of Domingo Diego’s freedom of movement was not akin to formal arrest. Justice Christopher Goff dissents with separate opinion.

Thursday opinions
Indiana Supreme Court
State of Indiana v. Tyson Timbs
20S-MI-289
Miscellaneous. Affirms the order for the return of Tyson Timbs’ Land Rover, seized in 2013 after Timbs pleaded guilty to dealing and theft charges. Finds that under the proportionality framework set forth in State v. Timbs, 134 N.E.3d 12, (Ind. 2019), Timbs met his high burden to show that the harshness of his Land Rover’s forfeiture was grossly disproportionate to the gravity of the underlying dealing offense and his culpability for the vehicle’s misuse. Justice Geoffrey Slaughter concurs in the judgment with separate opinion. Justice Mark Massa dissents with separate opinion.

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