Vacates invasion of privacy conviction for protection order subject’s “stop calling me, fagot [sic]” remark to protected person during a court hearing, on basis direct contempt was “more appropriate” remedy.
Parish v. State, No. 02A03-1002-CR-74, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
When officer knew motorist stopped for a traffic violation and handcuffed outside the vehicle for safety was a suspect in shootings, her protective search of passenger compartment permissibly included unlocking the glove box to check it for weapons.
Arlton v. Schraut, No. 79A02-0906-CV-541, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.
Blanford v. Blanford, No. 65A01-1004-DR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2010)
Use of separate child support worksheets, one for each child, to adjust for the different number of overnights each child would have with the noncustodial parent, erroneously inflated the parent’s support obligation under the Guidelines.
Oberst v. State, No. 14A05-1003-PC-157, __ N.E.2d __ (Ind. Ct. App., Nov. 3, 2010)
Because the Sixth Amendment counsel right does not apply to a pre-charge police interview, defendant could not assert a claim that counsel gave him ineffective assistance during the interview.