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.
Appeals
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.
Toradze v. Toradze, No. 71A05-1212-DR-623, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2013).
“Because the trial court had established a duty to support the children in a court order issued prior to July 1, 2012 and the children were younger than twenty-one years of age, Mother was entitled to file her petition for post-educational expenses based on I.C. § 31-16-6-6(a) & (c).”
Spalding v. State, No. 49A04-1210-CR-534, __ N.E.2d __ (Ind. Ct. App., Aug. 9, 2013).
Disagrees with prior Court of Appeals opinion and holds that, (1) when the subject of an Indiana criminal charge is being held in federal custody outside Indiana, (2) no detainer is filed against him on the Indiana charge, and (3) he is then brought into Indiana by federal authority, Criminal Rule 4 does not apply.