If, at the time of filing suit for forfeiture, a land contract vendor knows, or upon reasonable diligence should have known, that a tenant is in possession of the property, the tenant’s leasehold interest survives the forfeiture action unless the tenant is made a party to the forfeiture litigation.
Pendergrass v. State, No. 71S03-0808-CR-00445, __ N.E.2d __ (Ind., Sept. 24, 2009).
Admission of DNA test results without testimony of technician who performed DNA test procedures but with testimony of lab supervisor who reviewed the specific results and of expert who prepared paternity analysis satisfied defendant’s federal Crawford Confrontation Clause right.
League of Women Voters of Indiana, Inc. v. Rokita, No. 49A02-0901-CV-40, ___ N.E.2d ___ (Ind. Ct. App., Sept. 17, 2009)
Indiana’s Voter I.D. law violates the equal privileges and immunities clause of the Indiana Constitution.
Slone v. State, No. 57A03-0904-CR-162, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2009)
Evidence that defendant bought two twenty-count packages of pseudoephedrine within one week during cold season was insufficient to prove defendant knowingly purchased drugs containing more than three grams of ephedrine within one week.
In re Adoption of A.S., D.S., C.S., & J.S., No. 49A02-0901-CV-60, ___ N.E.2d ___ (Ind. Ct. App., Sept. 8, 2009)
Where parents executed consents for one person to adopt their children, then (without withdrawing the first consents) executed subsequent consents for two other people to adopt their children, neither Indiana’s adoption statutes nor public policy prohibits the subsequent consents.