The Sex and Violent Offender Registry statute does not violate sections 12 and 23 of Article 1 of the Indiana Constitution; in addition, the registry statute consistently requires lifetime registration by some but not all violent offenders.
Appeals
Sommers v. Sommers, No. 49A02-0710-CV-916, ___ N.E.2d ___ (Ind. Ct. App., Dec 29, 2008)
Trial court properly confirmed arbitration award where the party challenging it failed to file a motion to vacate, modify, or correct within the time prescribed by the United States Arbitration Act, which the parties agreed would govern any arbitration.
Zaremba v. Nevarez, No. 64A05-0809-CV-524, ___ N.E.2d ___ (Ind. Ct. App., Dec. 30, 2008)
Trial court abused its discretion when it: (A) determined that a previous dismissal without prejudice could serve as res judicata for a subsequent refiling of the same claim; and (B) stated that a plaintiff who fails to appear one time for trial in a small claims case was required to seek relief pursuant to Ind. Trial Rule 60.
McGhee v. State, No. 48A02-0804-CR-345, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Confession was involuntary when it was induced by officer’s erroneous assurance that consensual sex between defendant and his adult niece was legal.
Fought v. State, No. 35A02-0807-CR-623, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Defendant’s presence in his automobile at a service station was in “a public place” for purposes of the public intoxication offense.