Fourth Amendment permits a reasonably conducted warrantless search of a probationer’s property supported by a probation search term and a reasonable suspicion of criminal activity.
Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.
A.S. v. State, No. 10A04-0911-JV-630, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
Deliquency waiver of counsel was invalid when court made no inquiry about waiver, gave no advice about dangers of self-representation, and made no record of meaningful consultation about the waiver.
Tolliver v. State, No. 45A03-0906-CR-250, __ N.E.2d __ (Ind. Ct. App., Mar. 18, 2010)
Allowing police officer to testify as an expert on “body language” bearing on credibility was error, but testimony officer actually gave was admissible lay opinion evidence about physical behavior indicating reluctance to cooperate.
Siwinski v. Town of Ogden Dunes, No. 64A03-0909-CV-429, __ N.E.2d __ (Ind. Ct. App., Mar. 16, 2010)
Short-term rental of single family residence was not a “commercial” activity in violation of a zoning ordinance which limited “R” zones to “single-family dwelling” without expressly prohibiting short-term rentals.