Defendant’s statements about himself on his “My Space” website as an “outlaw” were properly admitted to rebut his testimony at trial.
Damron v. State, No. 49F18-8909-PC-109913, __ N.E.2d __ (Ind. Ct. App., Oct. 19, 2009)
Record is not “silent” for purposes of Boykin rights waiver advisement because guilty plea hearing recording was destroyed; here, P-C.R. petitioner presented no evidence he was not advised of Boykin rights, so “presumption of regularity” that advice was given applied.
Hobbs v. State, No. 19A01-0904-CR-187, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2009)
Warrantless search of defendant’s car, conducted in the evening after defendant’s arrest on an outstanding warrant and after an alert by a drug-sniff dog, did not violate Indiana Constitution’s Article I section 11.
D.B. v. M.B.V., No. 32A01-0903-CV-110, ___ N.E.2d ___ (Ind. Ct. App. Oct. 2, 2009)
To terminate parenting time, trial court must articulate a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.
Williams v. Tharp, No. 29S02-0901-CV-40, ___ N.E.2d ___ (Ind. Oct. 13, 2009)
In a defamation action, plaintiff can overcome defendant’s claim of qualified privilege by showing that defendant made the statement without belief or grounds for belief in its truth; the proper standard for determining grounds for belief in truth is not reckless disregard; the absence of any discernable basis for the truth of the matter can, however, serve as circumstantial evidence of a reporting citizen’s actual knowledge of falsity.