A jury convicted Vlietstra of Level 5 felony burglary and Vlietstra admitted to being a habitual offender.  On appeal, Vlietstra argues that the trial court improperly took judicial notice of and relied upon suppression proceedings in a pending case in Porter County.  Vlietstra claims that judicial notice was improper because the Porter County case was still pending and, although the trial court reviewed the filings from that Porter County case, the trial court did not review the transcript of the Porter County suppression hearing or the actual evidence presented at that hearing.  Vlietstra additionally asserts that certain evidence admitted at trial over his objection should have been excluded under the Fourth Amendment to the United States Constitution; Article 1, Section 11 of the Indiana Constitution; the Indiana Rules of Evidence, and general principles of due process.  Vlietstra further claims that the State failed to present sufficient evidence to support his burglary conviction.

The scheduled panelists are Judge May, Judge Weissmann, and Judge Foley.