In a dissolution case, trial court erred by including in the marital estate the value of a residence titled in husbandâ’s parents’ name, because his parents were not joined as necessary nonparties pursuant to Indiana Trial Rule 7(B).
Jackson v. State, No. 48S02-0809-CR-513, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)
Assuming search warrant affidavit did not state probable cause, it still presented enough “indicia” for the “good faith exception” to apply.
Pollard v. State, No. 05S02-0906-CR-305, __ N.E.2d __ (Ind., June 30, 2009)
Retroactive application of the sex offender “residency restriction statute” to Pollard violates the Indiana Constitution’s Ex Post Facto Clause.
King v. State, No. 49A04-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)
Internet service provider’s business record of defendant’s internet account activity was inadmissible under Ev. Rule 803(6) when there was no verification by provider of personal information filled in by the one who established the account, leading to a “lack of trustworthiness” under the Rule.
Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)
Applies “prison mailbox rule” to P-C.R. 1 proceedings.