Telephone tip describing a burglar from informant who identified himself when he called the police did not, in combination with all the other circumstances of the case, give the police the reasonable suspicion required for an investigatory stop.
Murray v. City of Lawrenceburg, No. 15S04-0907-CV-310, ___ N.E.2d ___ (Ind., Apr. 20, 2010)
Inverse condemnation is the sole remedy for a governmental act that purports to exercise all rights of ownership over a parcel of land; the six year statute of limitations for trespass applies to such a claim.
Tisdial v. Young, No. 29A05-0909-CV-544, ___ N.E.2d ___ (Ind. Ct. App., Apr. 22, 2010)
Indiana Code chapter 34-26-5 requires evidence of domestic violence, stalking, or a sex offense.
Lehman v. State, No. 35A05-0909-CR-513, __ N.E.2d __ (Ind. Ct. App., Apr. 13, 2010)
Confidential informant’s taped statements as to what occurred in controlled buy were hearsay and were inadmissible as well under the Crawford Confrontation Clause rule; informant’s statements during the buy were not admitted for the truth of their content and hence were not hearsay.
Shepherd v. State, No. 70A01-0908-PC-388, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Defense counsel’s representation of key prosecution witness on unrelated pending charges created a prima facie case of actual conflict and resulted in counsel’s failure to cross-examine the witness on the charges, resulting in ineffective assistance.