A prospective adoptive parent’s prior conviction was not dispositive (Ind. Code § 31-19-11-1) and the children were entitled to an individualized determination of their best interests.
Lyons v. Richmond Cmty. School Corp., No. 89S04-1312-PL-788, __ N.E.3d __ (Ind., Oct. 28, 2014).
Because whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend upon the resolution of disputed facts, the issue should be handled by a carefully drafted jury instruction.
Carpenter v. State, No. 02S05-1404-CR-246, __ N.E.3d __ (Ind., Oct. 21, 2014).
Police’s warrantless home entry through open back door to retrieve an aggressive and bloody dog violated the Indiana Constitution, Article I, § 11 protection against unreasonable search.
Gallien v. State, No. 22A01-1402-PC-50, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2014).
Two burglaries committed one after the other, four miles apart, were a single episode of criminal conduct subject to the cap on consecutive sentencing, and appellate counsel’s assistance was ineffective for failure to raise the issue as a sentencing error.
Harris v. State, No. 02A03-1402-CR-73, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2014).
Exigent circumstances justified officers’ warrantless seizure of a handgun they saw defendant place inside an apartment front door as they approached, so that the seizure did not violate the Fourth Amendment or Indiana Constitution, Article I, § 11.