Witnesses who testify that the defendant was not present at the scene, as opposed to affirmatively testifying he was at a different place, are not alibi witnesses for whom an alibi notice is required.
Appeals
In re Subpoena to Crisis Connection, Inc., No. 19A05-0910-CR-602, __ N.E.2d __ (Ind. Ct. App., July 15, 2010)
Victim-advocate privilege may be limited by defendant’s constitutional rights, with a three-step test (particularity, relevance, no “paramount interest”) to be met by the defense before there will be an in camera review to determine what victim-advocate communications are to be disclosed.
Fidelity Nat'l Title Ins. Co. v. Mussman, No. 64A03-0905-CV-204, ___ N.E.2d ___ (Ind. Ct. App., July 14, 2010)
Title Company was Title Insurance Company’s agent for title insurance purposes, but not for closing and escrow purposes.
City of Greenwood v. Town of Bargersville, No. 41A05-0912-CV-684, ___ N.E.2d ___ (Ind. Ct. App., July 15, 2010)
(1) City had standing to bring declaratory judgment action regarding the validity of Town’s annexation of territory within three miles of City; (2) landowners’ agreements that waived their “rights to object, remonstrate or appeal against [the] annexation,” did not constitute consent to the annexation.
Jones v. State, No. 27A02-1002-CR-168, __ N.E.2d __ (Ind. Ct. App., July 7, 2010)
When the two convictions were based on controlled buys using the same informant and quantity of drugs and were arranged to occur at the same place and took place only two weeks apart, consecutive sentences were inappropriate.