Estate is entitled to an award of attorney fees for a tort claim pursuant to a contract awarding the prevailing party attorney fees for “any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof.”
Blackmon v. State, No. 48A02-1505-CR-270, ___ N.E.3d ___ (Ind. Ct. App. Dec. 15, 2015).
Trial court did not err in denying Batson challenge, even though one of the State’s two race-neutral reasons for striking prospective juror was suspect and trial court did not specify which reason it found credible; under the “dual-motive” approach, the record showed the State would have exercised the strike even without the suspect reason.
Key v. State, No. 02A04-1507-MI-854, ___ N.E.3d ___ (Ind. Ct. App. Dec. 17, 2015).
Trial court erred in denying expungement without a hearing after the State objected to the petition; expungement statute requires a hearing when the State objects, and expungement could not be summarily denied because defendant was entitled to mandatory expungement of one of his convictions.
Wolpert v. State, No. 01A02-1506-CR-561, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).
“Certificate of Inspection and Compliance of Breath Test Instrument” issued within prior 180 days was sufficient foundation for admissibility of breath test results.
Garcia v. State, No. 45A03-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).
Probable-cause affidavit’s statement that crime victim paid $3,600 for counterfeit coins was insufficient to support restitution order in that amount; facts presented in probable cause affidavits pose a risk of unreliability that the hearsay rule is designed to protect against.