Trial court’s order denying mother’s motion to modify permanency plan was not a final judgment, and so the Court of Appeals lacked subject matter jurisdiction over appeal.
Appeals
ESPN, Inc. v. University of Notre Dame Security Police Dept., No. 71A05-1505-MI-381, __ N.E.3d __ (Ind. Ct. App., March 15, 2016).
Private university’s police department qualified as a “public agency” under the Indiana Access to Public Records Act’s definition and so is required to provide access to its public records not exempted by the Act.
Grayson v. State, No. 49A05-1505-CR-350, ___ N.E.3d ___ (Ind. Ct. App., March 8, 2016).
Anonymous tip of individual in silver or gray car waving a gun in apartment parking lot provided reasonable suspicion for investigatory stop of defendant, who was in the only occupied silver car in the parking lot; officer’s observations then gave probable cause for search.
Lowden v. State, No. 49A02-1503-CR-170, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
For purposes of aggravated battery, “substantial risk of death or … protracted loss or impairment of the function of a bodily member or organ” is not a material element of the offense, but rather a result to which mens rea is inapplicable.
Williams v. State, No. 29A02-1506-CR-528, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
Defendant entered an “open plea,” despite plea agreement’s mistaken recitation that it was not, because trial court retained discretion over placement of the sentence. Defendant therefore did not waive right to appeal sentence.