Having a pharmacist determine the chemical composition of pills properly seized in an inventory search did not violate the Fourth Amendment or Art. 1, Section 11 of the Indiana Constitution.
House v. State, No. 48A02-0806-CR-537, __ N.E.2d __ (Ind. Ct. App., Feb. 24, 2009)
A defendant imprisoned due to violating the terms and conditions of a drug court is entitled to credit time, but the credit time for any period of sanction imposed by the drug court may be waived by the defendant’s drug court agreement.
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Feb. 25, 2009)
Forgery, based on intent to defraud, cannot be committed by making a representation recklessly without regard to its truth or falsity.
In re the Guardianship of R.M.M., No. 09A02-0808-CV-725, ___ N.E.2d ___ (Ind. Ct. App., Feb. 23, 2009)
Trial court erred in denying incarcerated father’s petition to modify child support; Lambert requires that the child support obligation be based on his current actual earnings and assets.
Smith v. Champion Trucking Co., No. 93A02-0808-EX-701, ___ N.E.2d ___ (Ind. Ct. App., Feb. 25, 2009)
Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.