OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though her words had expressed reluctant agreement to be tested.
Appeals
In re Paternity of Pickett, No. 29A02-1501-JP-9, __ N.E.3d __ (Ind. Ct. App, Sept. 23, 2015).
Trial court erred in ordering father to contribute to child’s college expenses based on the cost of a private university rather than a public university; the private university did not offer a special curriculum and child did not discuss her decisionmaking process with her father.
Boyer Construction Group Corp. v. Walker Construction Co., Inc., No. 45A03-1502-PL-66, __ N.E.3d __ (Ind. Ct. App, Sept. 24, 2015).
Even after a trial court has entered a judgment, parties can still make a new filing for attorney fees.
Strunk v. State, No. 47A01-1411-CR-487, ___ N.E.3d ___ (Ind. Ct. App., Sept. 15, 2015).
Minor sex-abuse victim properly authenticated Facebook message from defendant to her; she was familiar with appearance of defendant’s Facebook page and had previously communicated with him through Facebook messages.
Bradley v. State, No. 49A05-1404-CR-181, ___ N.E.3d ___ (Ind. Ct. App., Sept. 16, 2015).
Warrantless entry of home was proper under federal and state constitutions, because occupant who answered the door had apparent authority to consent to the entry. Protective sweep of kitchen after consensual entry was proper under federal and state constitutions (declining to follow Cudworth v. State, 818 N.E.2d 133 (Ind. Ct. App. 2004)). Convictions for both A-felony cocaine dealing and C-felony possessing cocaine and a firearm violated double jeopardy, because charging information did not differentiate between sources of cocaine: small quantity found in home, or large quantity found in defendant’s pocket.