Impound of defendant’s borrowed car—and thus pre-towing inventory search—was proper despite no evidence of police department’s impound policy; car had multiple equipment problems making it unsafe and unlawful to drive away from parking lot where traffic stop occurred.
Appeals
Amphonephong v. State, No. 02A03-1402-CR-88, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
Order granting permission to file belated Notice of Appeal under Post-Conviction Rule 2(1) need not include specific findings about the defendant’s diligence or lack of fault.
Hatchett v. State, No. 49A02-1408-CR-561, ___ N.E.3d ___ (Ind. Ct. App., May 28, 2015).
Jury was correctly instructed on invasion of privacy; but under actual-evidence test for double jeopardy, one phone call could support only one invasion of privacy conviction, even though it violated both a protective order and a no-contact order.
Byers v. Moredock, No. 34A04-1412-CT-560, __N.E.3d __ (Ind. Ct. App., May 18, 2015).
Property owners have no duty for damage done by tenant’s dog.
City of Fort Wayne v. Parrish, No. 02A05-1408-CT-359, __N.E.3d __ (Ind. Ct. App., May 19, 2015).
A violation of the Seatbelt Act may not be used to prove contributory negligence.