Trial court properly concluded that evidence should not be suppressed as Ind. Code § 9-30-2-2 was not implicated. The statute provides that an officer may not arrest a person “for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway” unless the officer is in uniform or a marked police vehicle, but defendant was not arrested for violating a law regulating the use of a motor vehicle.
Termination of Parent-Child Rel. of D.K., No. 22A01-1110-JT-485, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012).
“Evidence Rule 201(b) now allows trial courts to take judicial notice of records of other court proceedings, but if a court does so, there must be some effort made to include such ‘other’ records in the record of the current proceeding.”
Martinez v. Deeter, No. 32A01-1108-DR-359, ___ N.E.2d ___ (Ind. Ct. App., May 31, 2012).
Survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are not included in the custodial parent’s weekly gross income.
Blueford v. Arkansas, No. 10–1320, 566 U.S. ____ (May 24, 2012).
The jury foreperson’s report that the jury was unanimous regarding the charges of capital murder and first-degree murder in his favor was not a final resolution when the trial ended in a mistrial, and so the Double Jeopardy Clause does not bar retrying defendant on those charges.
Adams v. State, No. 49A05-1107-CR-372,___ N.E.2d ___ (Ind. Ct. App., May 24, 2012).
The definition of mature stalks of marijuana is not unconstitutionally vague in light of the facts and circumstances of the present case.