A judicial mandate cannot be issued to control Department of Child Services caseload requirements.
Bowman v. State, No. 49A02-1606-MI-1463, __ N.E.3d __ (Ind. Ct. App., Aug. 16, 2017).
Seizure of cash exceeded the scope of the search warrants. “The search warrant did not (and could not) authorize the seizure of any and all currency; instead, that currency must be found to be ‘derived directly or indirectly from, produced through, or realized through’ drug trafficking.”
McAlpin v. State, No. 39S01-1705-CR-342, __ N.E.3d __ (Ind., Aug. 14, 2017).
Drug-free zone sentencing enhancement was proper as jury could infer that a minor’s presence was reasonably expected in a public park even though school was in session and it did not have benches, playgrounds, or trees.
Bd. of Cmm’r of Union Cty. v. McGuinness, No. 81S01-1708-PL-529, __ N.E.3d __ (Ind., Aug. 15, 2017).
County did not have third-party standing to sue on behalf of its residents.
Jones v. Wilson, No. 03A04-1701-PL-233, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2017).
Using the broad type of plaintiff/broad type of harm analysis, third-party criminal act was not foreseeable. Defendant, wrestling event promoter, had no duty to plaintiff, attendee, who was attacked in the parking lot leaving the event.