Special prosecutor was not required when defense counsel joined the prosecutor’s office as a deputy, since adequate steps were taken to insure that the former defense counsel had no communications of any sort with other members of the prosecutor’s office about defendant’s case.
Appeals
LBM Realty, LLC, v. Mannia, No. 71A03-1402-PL-66, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
“Indiana should hereby adopt the largely case-by-case approach, finding that a tenant’s liability to the landlord’s insurer for damage-causing negligence depends on the reasonable expectations of the parties to the lease as ascertained from the lease as a whole and any other admissible evidence.”
In re I.B., No. 82A05-1402-AD-65, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
A prospective adoptive parent’s prior conviction was not dispositive (Ind. Code § 31-19-11-1) and the children were entitled to an individualized determination of their best interests.
Gallien v. State, No. 22A01-1402-PC-50, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2014).
Two burglaries committed one after the other, four miles apart, were a single episode of criminal conduct subject to the cap on consecutive sentencing, and appellate counsel’s assistance was ineffective for failure to raise the issue as a sentencing error.
Harris v. State, No. 02A03-1402-CR-73, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2014).
Exigent circumstances justified officers’ warrantless seizure of a handgun they saw defendant place inside an apartment front door as they approached, so that the seizure did not violate the Fourth Amendment or Indiana Constitution, Article I, § 11.