Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.
Appeals
Lorenz v. Anonymous Physician #1, No. 28A01-1501-CT-50, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2016).
Because the alleged negligence took place before plaintiff filed for bankruptcy, the cause of action was an asset of his bankruptcy estate and the bankruptcy trustee was the real party in interest for purposes of prosecuting the action. Plaintiff’s bankruptcy was reopened and the bankruptcy trustee was substituted as plaintiff on the proposed complaint.
In re Adoption of A.A., No. 48A02-1505-AD-328, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2016).
The burden of proof on a petition to modify an existing order of grandparent visitation rights is on the petitioner to show the modification is in the best interests of the child.
Miller v. State, No. 49A05-1507-CR-789, ___ N.E.3d ___ (Ind. Ct. App., Feb. 9, 2016).
Arrest for resisting law enforcement violated defendant’s well-established right to walk away; bare report of a “disturbance” did not give probable cause for arrest, nor did record support claim that she was stopped to be cited for jaywalking. Subsequent search incident to arrest therefore violated her Fourth Amendment rights.
State v. Hargrave, No. 82A01-1504-CR-137, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2016).
A person who holds a CDL license at the time of committing a traffic violation may not participate in a diversion program or have judgment deferred on that conviction.