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.
Hewitt v. Westfield Washington School Corp., No. 29S04-1506-PL-00377, __ N.E.3d __ (Ind., Dec. 15, 2015).
The teacher’s termination statute (Ind. Code § 20-28-7.5-1 et seq.) does not apply to termination of an administrator when the underlying teaching contract is not terminated.
AM General LLC v. Armour, No. 71S03-1507-PL-407, __ N.E.3d __ (Ind., Dec. 16, 2015).
When employer offered employee a subordinate promissory note as payment, employer failed to satisfy its obligation under the employment agreement requiring payment in cash or a cash equivalent.