A self-serving, but competent affidavit that contradicted the State’s designated evidence on a material fact was sufficient to preclude summary judgment.
Cross v. State, No. 73S01-1401-CR-29, __ N.E.3d __ (Ind., Sept. 3, 2014).
Firearm sentence enhancement and handgun without a permit conviction were based on the same behavior in violation of Indiana common law rule supplementing Indiana Double Jeopardy protection.
Hall v. State, No. 49A05-1312-CR-614, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Trial court erred in excluding phone call transcript containing information about alleged molesting victim’s apparent false accusation of nonconsensual sex with another individual; also holds trial court erred in not compelling a party to the phone call to answer deposition questions about the call.
Gyamfi v. State, No. 30A01-1311-CR-487, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Applies prior holding that the “attenuation doctrine” of Fourth Amendment law does not apply under the Indiana Constitution; majority opinion concludes that the Fourth Amendment inevitable discovery doctrine does not apply under the Indiana Constitution, but concurring panel members conclude instead that inevitable discovery could apply under the Indiana Constitution but that the State failed to show an inevitable discovery.
T.P. Orthodontics, Inc. v. Kesling, No. 46S03-1405-MI-337, __ N.E.3d __ (Ind., Sept. 3, 2014).
To balance the interests in accessing the special litigation committee’s report in a derivative suit, the Court remanded for “(1) TPO to specifically identify privileged attorney-client communications and attorney work product contained within the SLC report; (2) the trial court to review in camera the revised redacted SLC report and privilege designations to determine whether the designated material is in fact privileged; (3) the trial court to then order the release of the revised SLC report not protected by privilege to the sibling shareholders; and (4) the trial court to issue a protective order preventing any party from disclosing the report’s (unredacted) contents.”