Affirms trial court’s grant of motion to suppress which was based on evidence that defendant was permissibly driving “left of center” due to the poor condition of the roadway.
Criminal
Mesa v. State, No. 36A01-13080MI-362, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2014).
Summary judgment procedure applies to forfeiture actions.
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Bigger v. State, No. 02A03-1308-CR-315, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
While no statutes or case law appear to require formal pleading of the defense of abandonment, “[w]e deem necessary the assertion of the defense in some manner.”
Smith v. State, No. 18S02-1304-CR-297, __ N.E.3d __ (Ind., Mar. 27, 2014).
Affirms high school principal’s conviction for failure to report an instance of suspected child abuse.