Under the Buyback Vehicle Disclosure Law (Ind. Code §24-5-13.5-10) after a buyback vehicle has been corrected by the manufacturer, it may not be resold unless the dealer provides the extended warranty and discloses the vehicle’s condition to the buyer with the written statement.
Appeals
Fort Wayne Community Schools v. Haney, No. 02A03-1708-CT-1829, __ N.E.3d __ (Ind. Ct. App., Feb. 5, 2018).
Teacher’s conduct, walking by and touching student’s posterior to induce her to sit back down into her seat, falls within the scope of the teacher’s statutory qualified immunity as a teacher managing a classroom; student’s § 1983 claim also fails because, as a matter of law, student failed to show that teacher’s conduct could have violated a clearly established right.
Wright v. State, No. 05A02-1610-CR-2397, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2018).
Defendant’s felony child molesting conviction reversed because his incriminating statements to arresting officers flowed from an unconstitutional search and seizure of his computers and were the fruit of the poisonous tree.
Burden v. State, No. 66A03-1706-CR-1298, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Conviction reversed for felony neglect of a dependent because there was no evidence of subjective awareness of a high probability that by leaving the scene defendant had placed child in a situation that endangered her life or health.
Hays v. Hockett, No. 62A01-1612-DR-2910, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Jurisdiction under the Uniform Child Custody Jurisdiction Act (“UCCJA”) does not equate to subject matter jurisdiction, and is therefore waivable