In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.
Arizona v. Johnson, No. 07-1122, __ U.S. __ (Jan. 26, 2009)
Arizona v. Johnson (U.S., Ginsburg, J.) – During a lawful stop for a traffic infraction, the police may conduct a patdown search of a passenger whom they reasonably suspect to be armed and dangerous.
Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)
365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.
Klotz v. Hoyt, No. 18S02-0807-CV-391, ___ N.E.2d ___ (Ind., Jan. 22, 2009)
Klotz v. Hoyt (Ind., Dickson, J.) – Landlord’s untimely or inadequate statutory damage notice to tenant precludes only landlord’s claims for physical damage to the premises and does not bar landlord from recovery of unpaid rent and other losses.
Cooper Indus., LLC v. South Bend, No. 49S04-0711-CV-541, ___ N.E.2d ___ (Ind., Jan. 22, 2009)
Landowner’s claims under the Environmental Legal Action statute accrued at the time the statute became effective.