Trial Rule 34(C)(3) permits non-parties to recover attorney fees associated with complying with a subpoena or other discovery request, but that refusing to comply with a discovery request solely on the basis that the parties cannot agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
Appeals
Lucas v. State, No. 03A01-1309-CR-389, __ N.E.3d __ (Ind. Ct. App., Aug. 14, 2014).
Officer’s taking expired license suspect into patrol car to “review the information and decide what we were going to do,” when review could have been conducted by the side of the suspect’s auto, impermissibly expanded scope of an investigatory stop without justification.
SCI Propane, LLC v. Frederick, No. 55A04-1211-PL-586, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2014).
Defendants can recover attorney fees under the General Wrongful Death Statute.
State v. Downey, No. 10A01-1310-CR-432, __ N.E.3d __ (Ind. Ct. App., July 31, 2014).
Order for return of defendant’s money seized by police was abuse of discretion as the matter was moot because the money had already been transferred, by order of a different court without a hearing, to the federal government.
Collins v. State, No. 49A02-1310-PC-887 , __ N.E.3d __ (Ind. Ct. App., Jul. 25, 2014).
Denial of post-conviction relief petitioner’s request for subpoena for an out-of-state witness was not an abuse of discretion, when petitioner did not identify any state or federal law permitting the subpoena.