A landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may not invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands.
Boss v. State, No. 49A02-1002-CR-225, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2011)
As dog bite and dog control ordinances defendant admitted violating were not criminal, the ordinance judgments did not bar defendant’s prosecution for animal bite and failure to immunize from rabies misdemeanors even though all were based on the same conduct.
Burke v. State, No. 49A02-1006-CR-660, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2011)
Sentence enhancement for burglary of a structure used for religious worship does not violate federal Constitution’s Establishment Clause or Indiana Constitution’s prohibition of government preference for a particular religion.
State v. Velasquez, No. 53A05-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Trial court did not err by giving a preliminary instruction on State’s anticipated use of character evidence. Licensed social worker providing treatment to child victim properly could testify as to victim’s statements to her which the worker or another could rely on to give treatment, even though the worker said she did not make diagnoses. Statutory prohibition of licensed clinical social worker’s giving opinion testimony did not preclude worker’s being qualified as an expert or giving factual testimony.
Hoglund v. State, No. 90A02-1005-CR-591, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Rejects argument that caselaw has superseded Lawrence v. State’s holding permitting ” some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters.”