The warrantless search of the sock that fell from defendant’s pants containing illegal drugs exceeded the proper scope of a Terry search in violation of his Fourth Amendment rights, and the evidence obtained in the search should not have been admitted at trial.
Laboa v. State, No. 18A-CR-951, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
When a meritorious PCR petition was filed by a pro se petitioner, and neither party moved for summary disposition, the post-conviction court should have either ordered the cause to be submitted by affidavit or held an evidentiary hearing.
Campbell v. Eary, No. 19A-MI-6, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
A grandparent visitation order does not survive the subsequent marriage of the natural parents of a child born out of wedlock.
Hayden v. Franciscan Alliance, Inc., No. 18A-CT-1777, __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2019).
When an employee accessed medical records for non-employment-related reasons in direct violation of a confidentiality agreement, the trial court properly granted employer’s motion for summary judgment on respondeat superior and negligent hiring and retention of the employee.
Smith v. State, No. 18A-CR-3009, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The State failed to establish police officer’s decision to impound defendant’s vehicle adhered to established departmental routine or regulation. While evidence of the department’s written procedure need not be introduced, more than conclusory testimony from an officer is required.