The voluntary dismissal of the governmental entities did not constitute a “judgment” for purposes of ITCA, and so plaintiffs could continue their lawsuit against the government employee individually.
Appeals
Buford v. State, No. 20A05-1408-CR-392, ___ N.E.3d ___ (Ind. Ct. App., July 24, 2015).
Search warrant was invalid; uncorroborated anonymous tip of drug dealing at defendant’s home, plus police smelling burnt marijuana and seeing unspecified amount of marijuana “shake” on table in the home, did not establish probable cause of drug dealing.
Kowalskey v. State, No. 32A01-1503-CR-99, ___ N.E.3d ___ (Ind. Ct. App., July 30, 2015).
Defendant’s conduct did not waive his right to counsel. His oral and written requests for the trial court to compel discovery were not obstreperous, and trial court had neither adequately advised defendant of the dangers of self-representation nor made necessary findings on whether his conduct under the circumstances constituted knowing and intelligent waiver of counsel.
Ennik v. State, No. 90A02-1409-CR-664, ___ N.E.3d ___ (Ind. Ct. App. July 17, 2015).
Defendant was not entitled to severance of right when alleged molestations were based on a common modus operandi and not just of similar character.
Osmanov v. State, No. 35A04-1412-PC-568, ___ N.E.3d ___ (Ind. Ct. App., July 22, 2015).
Trial court improperly denied PCR summarily by taking judicial notice of prior guilty-plea proceedings; they had not been submitted as evidence in support of summary disposition under P-C.R. 1(4)(g) and were not part of the “pleadings” that could be considered under P-C.R. 1(4)(f).