In contrast to the Fourth Amendment, the Indiana Constitution requires reasonable suspicion before police may conduct a drug dog sniff of a residence.
Caruthers v. State, No. 46A05-0810-CR-623, __ N.E.2d __ (Ind. Ct. App., July 15, 2009)
When jurors told bailiff during trial that defendant or his family had intimidated them, it was fundamental error for trial court not to examine jurors to determine what they had been exposed to and whether they could remain impartial.
In re Custody of J.V., No. 27A02-0903-JV-232, ___ N.E.2d ___ (Ind. Ct. App., July 7, 2009)
Although evidence supports trial court’s determination that grandmother was de facto custodian, trial court was also required to make findings regarding its determination to award custody to grandmother.
Nicevski v. Nicevski, No. 02A04-0904-CV-188, ___ N.E.2d ___ (Ind. Ct. App., July 8, 2009)
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.