Trial court had jurisdiction to order an attorney to pay funds for attorney’s contempt in an action stayed by the bankruptcy court because the funds paid were not property of the bankruptcy estate, but the attorney’s personal money and for damages resulting from the attorney’s contempt.
Coleman v. State, No. 49A02-1101-CR-12, __ N.E.2d __ (Ind. Ct. App., Aug. 26, 2011).
For purpose of the consecutive sentencing statute, a conspiracy to commit a “crime of violence” is not itself a “crime of violence.”
Henderson v. State, No. 20A03-1102-PC-108, __N.E.2d__ (Ind. Ct. App., Aug. 29, 2011).
U.S. Supreme Court’s Gant, which did away with “brightline” rule allowing searches of passenger compartments at the time the driver was arrested even if driver was no longer within reaching distance of the vehicle, does not apply to a pre-Gant “brightline” search legal when made under the Court’s former New York v. Belton precedent.
Alter v. State, No. 85A04-1101-CR-44, __ N.E.2d __ (Ind. Ct. App., Aug. 31, 2011).
After conservation officer had been shown subject’s fishing license, further detention for questions based on officer’s hunch subject might have put marijuana in his duffle was unsupported by reasonable suspicion and required suppression of marijuana subject produced on officer’s command to “give me your marijuana.”
Kitchen v. Kitchen, et al, No. 27A04-1101-DR-1, ___ N.E.2d ___ (Ind. Ct. App., Aug. 29, 2011)
Only parents, grandparents and step-parents have standing to pursue visitation with a child.