Subsequent protective order superseded initial ex parte protective order, so when regular protective order had expired protective order subject could not be guilty of invasion of privacy based on the ex parte order.
Criminal
Hurst v. State, No. 49A02-1004-CR-378, __ N.E.2d __ (Ind. Ct. App., Dec. 16, 2010)
Showing the police his eleven year-old’s text message and photograph of purported marijuana in stepfather’s house sufficiently corroborated the reliability of father’s report to police of the daughter’s message to support a search warrant for the house.
Runyon v. State, No. 57S04-1006-CR-317, __N.E.2d __ (Ind., Dec. 8, 2010)
To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”
Haynes v. State, No. 27A02-1003-CR-311, __ N.E.2d __ (Ind. Ct. App., Dec. 8, 2010)
Officer who witnessed what appeared to be a parking infraction, but could not investigate further to issue a citation before the vehicle drove off, properly stopped the vehicle to issue the complaint and summons.
Akard v. State, No. 79S02-1009-CR-478, __ N.E.2d __ (Ind., Dec. 9, 2010)
An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.