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.
Appeals
Nunez v. State, No. 53A04-1407-CR-346, ___ N.E.3d ___ (Ind. Ct. App., Sept. 21, 2015).
Even though Spanish translation of jury-trial waiver form omitted recitals that waiver of jury trial was knowing, voluntary, and un-coerced, defendant was not entitled to relief without presenting evidence of some miscarriage like ignorance or coercion.
Hoker Trucking, LLC v. Robbins, No. 89A01-1411-CT-468, __ N.E.3d __ (Ind. Ct. App, Sept. 15, 2015).
The surviving spouse of the decedent is not entitled to attorneys’ fees and prejudgment interest as compensable damages under the General Wrongful Death Statute.
R.L. Turner Corp. v. Wressell, No. 06A05-1411-PL-540, __ N.E.3d __ (Ind. Ct. App, Sept. 15, 2015).
“In determining a reasonable amount of attorney’s fees, consideration should be given to the nature and difficulty of the litigation; the time, skill, and effort involved; the fee customarily charged for similar legal services; the amount involved; the time limitations imposed by the circumstances; and the result achieved in the litigation.” There is no definitive cap to attorney’s fee awards based on the potential or actual recovery.
Whittaker v. Whittaker, No. 02A03-1503-DR-7, __ N.E.3d __ (Ind. Ct. App, Sept. 21, 2015).
The merits of Husband’s petition for contempt for Wife’s failure to pay sums incorporated in the dissolution decree should have been addressed by the trial court; the obligation was not a fixed money judgment.