When a corporation forms a special litigation committee, and the corporation later requests dismissal of derivative claims based on the findings of that committee, attorney-client privilege in the special litigation committee’s report is waived.
Appeals
Morris v. State, No. 14A05-1209-CR-495, __ N.E.2d __ (Ind. Ct. App., Aug. 23, 2013).
A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.
Johnson v. State, No. 49A02-1301-CR-28, __ N.E.2d __ (Ind. Ct. App., Aug. 20, 2013).
Rejects arguments that traffic stop, based on officer’s belief vehicle was in violation of the Window Tint Statute, was illegal under the Indiana Constitution or violated an implicit prohibition in the Statute itself of “unbridled discretion” for police to pull over vehicles with window tint.
Walls v. State, No. 55A05-1211-CR-603, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2013).
Tenants had a sufficient possessory interest in their apartment doors and thresholds and the immediate adjacent areas to request, for criminal trespass purposes, that a person leave those areas and stop banging on their doors.
In Re A.H. & S.H., No. 10A01-1302-JM-93, __ N.E.2d __ (Ind. Ct. App., Aug. 21, 2013).
Department of Child Services interviewing a child as part of the initial assessment in response to a report of child abuse or neglect does not violate due process.