Community-caretaking duties permits warrantless search
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
Indiana Court of Appeals
Articles
Charge dismissed in error negates felony DUI enhancement
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
Man still drunk despite change in public intoxication statute, COA rules
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
Pending petition for child support becomes applicable after Legislature amends statute
A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.
Observation and training provided ‘reasonable suspicion’ to conduct traffic stop
A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.
Man may be retried on sex charge, but state may not amend
A man acquitted on a rape charge but whose charge of sexual misconduct with a minor ended in a hung jury and mistrial may be retried, but not on a count the state sought to amend, the Court of Appeals ruled Tuesday.
Time spent in federal custody does not interfere with right to speedy trial
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
Single sewer lien not enough to bring foreclosure
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
Muncie church did not invade on grieving couple’s privacy
A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion.
Holiday World family takes dispute to Court of Appeals
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
Dismissal, jury verdict for Alcoa in cancer suit stand on appeal
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
Habeas writ reverses resentencing from divided COA
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
Hole in tail lamp no cause for traffic stop, appeals panel rules
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
COA notes Indiana law would have changed outcome of environmental dispute
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
Doctrine of res judicata stops property owner’s motion
A property owner’s attempt to file a separate action against a court-appointed receiver was derailed by the Indiana Court of Appeals under the doctrine of res judicata.
COA clarifies jury issue in Richmond student death case
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
Prosecutor’s closing argument deprived defendant of fair trial
A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.
Family did have notice that expert pulmonologist was going to testify as pathologist
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial.
Spur-of-the-moment burglary spree does not support corrupt business influence conviction
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.