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Peterson v. State

Citations

  • 674 N.E.2d 528
  • 1996 Ind. LEXIS 167
  • 1996 WL 715434

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that defendant lacked standing under Article 1, Section 11 of the Indiana Constitution to challenge search of bedroom in his mother’s apartment in which defendant previously but no longer resided
  • mitigating weight warranted by a difficult childhood is in the low range
  • observing in part that the apartment was leased to the defendant's mother and sister, the mother paid the rent, and mother had the sole determination as to whether or not he could reside at the apartment, and concluding that the defendant lacked standing to challenge the search
  • while the Fourth Amendment protects legitimate expectations of privacy only in premises searched, Section Eleven also protects expectations of privacy in property seized
  • two murders; also (b)(7) (defendant convicted of another murder (two)) aggravator; death sentence affirmed
  • \The burden is on the defendant challenging the constitutional validity of a search to demonstrate that he had a legitimate expectation in the premises searched.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Dickson, Shepard, Selby, Boehm, Sullivan

Read full opinion on CourtListener

Cited by

107 cases in this archive cite this case; the 20 most cited are listed.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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