As all small claims defenses are deemed at issue without a responsive pleading, a litigant wanting an “automatic” small claims change of judge must request it within 30 days of the date the case is placed on the CCS as having been filed.
In the Matter of the Commitment of A.L., No. 49A02-1001-MH-76, __ N.E.2d __ (Ind. Ct. App., Sept. 23, 2010)
Even though petition for emergency detention alleged only severe disability as a basis, trial court could properly rely in its decision on dangerousness as well.
Temperly v. State, No. 49A02-1001-CR-52, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2010)
Temperly v. State (Ind. Ct. App., Kirsch, J.)-Evidence that defendant’s BAC was .244 and that he had been involved without fault in a fatal accident did not, without more, prove he endangered another person so as to be guilty of Class A misdemeanor OWI.
Trotter v. State, No. 29A02-0910-CR-974, __ N.E.2d __ (Ind. Ct. App., Sept. 10, 2010)
Fourth Amendment “attenuation of taint” doctrine has no application under the Indiana Constitution; in any event, doctrine would not apply to these facts.
Wilkerson v. State, No. 26A01-0909-CR-457, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2010)
Officers could permissibly stop a vehicle with windows so tinted the driver cannot be easily identified. A Pirtle warning is not required for pat-down searches for weapons.