Legal Opinion
David W. Gerth v. State of Indiana
Indiana Court of Appeals
Decided February 18, 2016No. 29A02-1506-CR-693PublishedCited by 14 opinions
1Opinion of the Court
BARNES, Judge.
Case Summary
[1] David Gerth appeals his convictions for Class C felony dealing in marijuana and Class D felony maintaining a common nuisance. We reverse.
Issue
[2] The restated issue before us is whether the trial court properly admitted evidence recovered from Gerth’s property following the execution of a search warrant.
Facts
[3] Sometime in August 2013, Detective Sergeant J. Michael Howell of the Hamilton County Sheriffs Department received information from a confidential informant (“Cl”) asserting that Gerth was selling marijuana from his home in West-field. Shortly after…
2Cases cited21 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. LeonSupreme Court of the United States · 1984
- Florida v. JardinesSupreme Court of the United States · 2013
- Herring v. United StatesSupreme Court of the United States · 2009
- No. 98-5283Court of Appeals for the Third Circuit · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- William C. McCollum v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016
- Antonio Ferguson v. State of IndianaIndiana Court of Appeals · 2026
- Dax Lee Bailey v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
- Derek Heuring v. State of IndianaIndiana Supreme Court · 2020
- James E Ramsey v. State of IndianaIndiana Court of Appeals · 2023
9 more not listed; retrieve them via the Exa API.