In the related civil case while the criminal case was pending, trial court properly granted a limited stay of discovery as to defendant only and required defendant to answer the complaint within 30 days.
Wysocki v. Johnson, No. 45A03-1309-CT-385, __ N.E.2d __ (Ind. Ct. App., March 3, 2014)
The Indiana Crime Victims Relief Act is not applicable to the common-law tort of fraud.
Fernandez v. California, No. 12-7822, __ U.S. __ (Feb. 25, 2014).
When one occupant had consented to officers’ home entry and the other had refused consent, after officers arrested the objecting occupant and then returned an hour later and again obtained the first occupant’s consent, the officers’ entry was legal.
Harper v. State, No. 49A04-1305-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2014).
Officer who lies to gain entrance to a home, without exigent circumstances and after consensual entry was denied, is not acting within the course of official duties so as to justify the arrest of the home owner for resisting arrest.
Cunningham v. State, No. 19A05-1310-CR-489, __ N.E.2d __ (Ind. Ct. App., Feb. 27, 2014).
When circumstances did not support a pat-down of stopped motorist, officer’s statement he would pat-down the motorist if the motorist chose to get out of the car was an ultimatum rather than a choice to which the motorist could consent.