When a blood draw warrant had been issued for a driver who had refused a breath test, the driver’s refusal to cooperate with the blood draw was properly found to be indirect criminal contempt.
Appeals
Goodman v. SeRine, No. 55A01-1304-PL-176., __ N.E.3d __ (Ind. Ct. App., March 31, 2014)
Although the sellers’ bankruptcy action had been dismissed, bankruptcy court was the proper venue for a quiet title action on property that was part of the bankruptcy estate.
Miller v. Federal Express, Corp., No. 49A02-1307-PL-619, __ N.E.3d __ (Ind. Ct. App., April 4, 2014)
Defendants were immune from suit under the federal Communications Decency Act as “providers of an interactive computer service.”
Mesa v. State, No. 36A01-13080MI-362, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2014).
Summary judgment procedure applies to forfeiture actions.
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.